A five-member panel of the Supreme Court, presided over by Chief Justice Gertrude Sackey Torkornoo, has upheld the Court of Appeal’s decision that the trial of Dr. Stephen Kwabena Opuni and two others should continue without starting afresh.
This unanimous decision supports the earlier judgment by the Court of Appeal ordering that the retired Justice Clemence Honyenuga’s proceedings should be adopted and continued.
The panel, which included Justices Mariama Owusu, Henrietta Mensa-Bonsu, Yaw Darko Asare, and Ernest Gaewu, found the request to restart the trial baseless and dismissed it accordingly.
The decision was announced following the Court of Appeal’s ruling on July 3, 2023, which had similarly directed the High Court to adopt the previous proceedings.
A three-member Court of Appeal panel, led by Justice Philip Bright Mensah and including Justices Ernest Owusu Dapaah and Jennifer Abena Dadzie, had earlier ruled unanimously that the High Court should adopt the proceedings from the trial initially conducted by Justice Clemence Honyenuga in the ongoing Dr Stephen Opuni’s trial.
The trial commenced in 2018 and continued until Honyenuga’s retirement in March 2023.
This appellate decision came after Attorney-General Godfred Yeboah Dame appealed a ruling by Justice Kwesi Anokye Gyimah of the High Court.
Justice Gyimah had decided not to inherit the proceedings from Justice Honyenuga’s court, a decision the Court of Appeal determined was a misdirection of judicial powers.
Court of Appeal’s Rationale
The Court of Appeal concluded that justice would be better served by adopting the previous proceedings, allowing the new trial judge to continue from where Justice Honyenuga left off.
The court emphasized that failing to do so would unduly prolong the trial process and potentially compromise justice for both the prosecution and defence.
“The decision of the High Court is referred to this Court, and the appeal is allowed in its entirety. The proceedings of the previous court presided over by Justice Clemence Honyenuga are to be adopted by the High Court differently constituted, and the registrar of the High Court is ordered to do so accordingly”.
A portion of the Court of Appeal ruling.
Attorney-General’s Response
Following the Supreme Court’s affirmation of the Court of Appeal’s decision, Attorney-General and Minister for Justice Godfred Yeboah Dame expressed his satisfaction.
He stated that the decision ensures fairness to both sides and prevents unnecessary delays in the judicial process.
Additionally, Mr Dame revealed that his office has drafted a bill aimed at enhancing the country’s criminal jurisprudence.
One of the key provisions in the proposed legislation according to Mr Dame addresses the adoption of proceedings in criminal trials by other courts if the original trial judge cannot conclude the case.
This legislative move, according to the Attorney General and Minister of Justice, Godfred Yeboah Dsme is expected to further streamline and fortify the judicial process in Ghana.
The trial of Dr. Stephen Kwabena Opuni, businessman Seidu Agongo, and Agongo’s company, Agricult Ghana Limited, is current ongoing at the High Court under the supervision of Justice Aboagye Tandoh.
The proceedings continue from where they were left by Justice Honyenuga, in line with the directives from the higher courts.
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