The office of the Attorney General and Ministry of Justice, has asked Justice Clemence Honyenuga; the judge hearing the case of former Chief Executive of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, to refer the case to the Chief Justice, for a new judge.
According to the AG, “it is practically impossible to conclude” the matter in the extremely limited time available” in the circumstance, “we respectfully pray that my lord refers this matter to the Chief Justice, to be reconstituted.”
Justice Honyenuga, a Justice of the Supreme Court sitting as an additional High court judge, has been hearing the trial since 2018. But following his retirement, he was granted a six month extension, by the Chief Justice to conclude the matter which is expected to expire this month.
In court on Thursday, February 23, when the matter was called, Deputy Attorney General Alfred Tuah-Yeboah, said considering the “extremely limited time” available for him to deal with the matter, he should refer the matter to the CJ for it to be reconstituted.
“Pursuant to article 145(4) of the Constitution, my lord was granted a limited mandate to conclude the hearing of this matter,
“Today is February 23, 2023, the time left for that mandate to expire is extremely limited, in the sense that the first accused person has not closed his case for the second and third persons to open theirs and call their witnesses.”
Alfred Tuah-Yeboah
“Considering the time left, it is practically impossible to conclude in the circumstance. We respectfully pray, that my lord refers this matter to the Chief Justice to be reconstituted,” Alfred Tuah-Yeboah noted.
He said his “submission is being made in the interest of Justice and fairness. This is our humble submission.”
Defence Reactions By The Court
Counsel for Dr. Opuni, Lawyer Samuel Codjoe said, “we have nothing to add to what the learned Deputy AG had said.”
Nutifafa Nutsukpui, counsel for the second and third accused, for his part said, “Respectfully my lord, we believe that this is a very commendable recommendation or suggestion from the prosecution, and my lord we will also urge you to consider it favorably in the interest of Justice.”
Justice Honyenuga, who has been a subject of several applications for recusal, including a pending one from Seidu Agongo, said he would adjourn the case to March 1st, 2023, to wait for the Supreme Court reasons on Dr. Opuni’s review.
“It is my view that we are here this morning to await the reasons of the Supreme Court on this matter.
“Indeed, I should be the first person, considering the numerous applications filed in this matter in this court and the Supreme Court and also in the court of appeal. I will adjourn the matter to Wednesday, March 1, 2023, so that we hear the full reasons of the Supreme Court and we get the full import of the Supreme Court.”
Justice Honyenuga
He said, “We shall abide by the decision of the Supreme Court.”
The former COCOBOD CEO, Dr. Stephen Opuni, has been charged with willfully causing financial loss to the state, to the tune of 2.1billion Cedis, in three separate contracts for the supply of fertilizers from Germany. The state is prepared to prove that Dr. Stephhen Opuni knew businessman, Seidu Agongo and that his Agricult Ghana Ltd, was in no position to supply the fertilizers, but went ahead to sign the contracts.
Dr. Opuni from January 2014, the state claims, conspired with Seidu Agongo and Agricult Ghana Ltd, to secure a 43.1m Ghana cedis fertilizer contract, even though they “knew it to be false at the time of making” the contract; that the company could supply the fertilizer from Germany. The fertilizers, supposedly from Germany, were meant for the 2013/2014 farming season.
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