Chief Justice Kwesi Anin Yeboah has refused transfer the case involving former Ghana Cocoa Board (COCOBOD) CEO, Dr Stephen Opuni, who, together with Agricult CEO Seidu Agongo, is being tried for causing financial loss of GHS271.3 million to the state in the procurement of some agrochemicals, to a different judge.
On Thursday, 1 July 2021, trial judge Justice Clemence Honyenuga told the court that he had received a copy of the Chief Justice’s response to Dr Opuni’s petition, portions of which read, “your petition in respect of the above subject matter has been considered after serious thought. I have noticed from the petition that the learned judge has not made any prejudicial statements to infer that there is real likelihood of bias against you as an accused person in the case in which you are yet to open your defence”.
“In view of the fact that no serious allegation of likelihood of bias has been established, I will decline the invitation to transfer the case to another judge. This does not preclude you, in the exercise of your constitutional rights, to report to the juridical process for the transfer you are respectfully requesting for.”
Justice Honyenuga then adjourned the case.
“I would, in the circumstances, adjourn this case to abide by the judgment of the Supreme Court. Consequently, this case stands adjourned to July 15, 2021,” he stated.
Dr Opuni petitioned the Chief Justice to remove Justice Honyenuga, a Supreme Court judge sitting with additional responsibility as a High Court judge.
At the hearing on Friday, 18 June 2021, the judge said to the counsel of the first accused person that: “I have been shown something: your client [Dr Opuni] has petitioned the Chief Justice on this matter”.
He said the petition, which was filed on Thursday, 17 June 2021, “came to my notice this morning [Friday, 18 June 2021]”, adding: “I don’t know if the CJ has received it”.
“So, I will adjourn the matter to wait for his [CJ’s] decision”.
Apart from the petition, Dr Opuni’s lawyers also filed a certiorari application asking the Supreme Court to quash Justice Honyenuga’s ruling against recusing himself from the case.
At the hearing prior, Justice Honyenuga dismissed the recusal application, saying: “It is my candid opinion that the application was brought in bad faith”.
“Accordingly, the motion is hereby dismissed”, he ruled on Wednesday, 9 June 2021.
Dr Opuni’s lead counsel, Mr Samuel Codjoe, had argued for his client’s application based on the breach of Article 19 (2) (e) & (g) of the 1992 Constitution.
He said: “My lord, our basis is that we will not be given adequate time and facility for our defence”, adding: “This is based on the fact that your lordship, on the 7th day of May 2021, stated that your primary duty was in the Supreme Court and this case had unduly delayed and was preventing you, or and interfering, in your duty, and, therefore, you wanted to complete this early.”
“When our application on the submission of no case was dismissed, and we asked for time to prepare our defence, your lordship gave us 7 days. After much pleading, it went to the 17th of May. My lord, we are saying that this is against the Practice Direction”, Mr Codjoe argued further.
Chief State Attorney, Evelyn Keelson, also argued based on article 19 (1) of the 1992 Constitution that “there is no basis in law for this present application”.
“He has also not been able to convince this court of any credible evidence of bias”, she averred.
“It is our submission that this application as we have always stated is therefore calculated to further delay this trial”, she said.
As a result of the petition the CJ, Dr Opuni could not open his defence today, Friday, 18 June 2021, as had earlier been ordered by the judge.
Dr Opuni and Mr Agongo are being prosecuted for financial loss to the state emanating from alleged fraudulent fertiliser deals.
Dr Opuni, who was the CEO of COCOBOD between November 2013 and January 2017 is alleged by the state to have connived with the businessman who owns Agricult Ghana Limited, an agrochemicals company, to cause financial loss to the state.
The two have been on trial since March 2018.
They are facing 27 charges.
They have pleaded not guilty to all the charges.
They are each on a GHS300,000 self-recognisance bail.
Source: Classfmonline.com