Dr. Stephen Opuni
Former Chief Executive Officer of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, who is standing trial for allegedly causing over GH¢217 million financial loss to the state, has refiled an application for Justice Clemence Honyenuga, a Supreme Court judge sitting on the trial as an additional high court judge, to stop hearing his case.
He has filed another application asking the judge to recuse himself on ground that it has become clear to him (Dr. Opuni) that he (Dr. Opuni) would not be given adequate time and facilities to prepare his defence as stipulated under the 1992 Constitution due to what he claims to be certain comments made by the judge after he (Dr. Opuni) had asked for more days to prepare for his defence.
He is also alleging bias on the part of the judge, on the grounds that the judge made final determination of fact in a ruling of his submission of no case, a determination which the accused said can only be made at the end of the case and not after the prosecution has closed its case.
First Attempt
This is the second time he has filed an application asking the judge to recuse himself from the trial.
The first one was filed in March 2020, on ground that the trial judge had openly campaigned for President Akufo-Addo for saying at a traditional programme where the judge is a Paramount Chief, that the current President had done well with the Free Senior High School programme which has bridged the education gap between the rich and the poor in the country.
The court dismissed the application after the judge had held that he was taken aback by the decision of Dr. Opuni, to politicise the trial.
Dr. Opuni subsequently went to the Supreme Court to push for the removal of Justice Honyenuga from his case, but a five-member panel presided over by the Chief Justice Kwasi Anin Yeboah and assisted by Justices Jones Dotse, Sule Gbadegbe, Nene Amegatcher and Gertrude Torkornoo, dismissed the application for lacking merit and not supported by any fact.
New Move
Lawyers for Dr. Opuni renewed their attempt to get Justice Honyenuga off the case after the judge held that the prosecution has been able to establish prima facie case against Dr. Opuni, businessman Seidu Agongo and the businessman’s Agricult Ghana Limited.
The court then ordered the accused persons to open their defence respectively after dismissing their submissions of no case.
Dr. Opuni, in his application filed by his lawyer, Samuel Codjoe, is now alleging bias on the part of the trial judge, stating that Dr. Opuni may not be given adequate time to defend himself before the court and would not get a fair trial.
He argued that the court after dismissing his submission of no case on May 7, 2021, adjourned the matter to May 17 (10 days) for him to open his defence instead of the two weeks (14 days) requested by his lawyer to adequately prepare him (Dr. Opuni) to open his defence, given the volume of documents that were tendered by the prosecution.
Judges ‘Comment’
He said the judge after dismissing the application for submission of no case “stated in open court that he has to complete the case quickly to enable him concentrate on his duties at the Supreme Court as the case had been pending for the past 3 (three) years thereby affecting his work in the Supreme Court.
“The learned judge, having stated in open court that he was in hurry to hear the case, such that he refused to give me an additional 4 (four) days to enable me adequately prepare for the case, it has become clear to me that I would not be given adequate time and facilities to prepare my defence as stipulated by Articles 19 (2) (e) and (g) of the 1992 Constitution.”
Counsel further argued that “having stated in open court that the case has unduly delayed and that he has lots of work to do in the Supreme Court, has made it very clear and manifest to me that I would not be given adequate time for the presentation of my defence, an act which is unconstitutional. This became very clear to me when, this court refused my legitimate request for an extra 4 (four) days to enable me prepare. I no doubt believe that I would be rushed into presenting my case so as to enable the learned judge complete the case in order for him to concentrate on his core duties as a judge of the Supreme Court.”
Issue of Bias
Another ground for his application against the judge is the allegation of bias against Justice Honyenuga following his ruling in dismissing a submission of no case filed by the accused persons.
“I state further that in the ruling dismissing my application for a submission of no case, the learned judge made final determination of fact which determination can only be made at the final determination of the case and not after the prosecution has closed its case. This shows real likelihood of bias by the learned judge,” he said.
He added that “the learned judge having made this final determination of fact when I have not yet opened my defence has shown that I would not have a fair trial in that the learned judge has already determined the case against me and I cannot therefore get a fair trial.”
“I have been advised by Counsel and verily believe same to be true that in the circumstance the learned judge should recuse himself from the suit and refer the suit to the Chief Justice for same to be transferred to another judge by the Chief Justice,” he concluded.
The application would be heard on June 15.
Stay Of Proceedings
Meanwhile, his lawyer has filed a repeat application for stay of proceedings at the court of appeal to halt his trial at the high court pending the determination of an appeal against the decision of the court dismissing his submission of no case.
He had filed an application for stay of proceedings before the high court, but it was dismissed and he has now gone to the court of appeal to challenge the trial court’s decision.
Justice Honyenuga, has therefore, adjourned the matter to give the court of appeal time to deal with the application which is scheduled for June 15.
BY Gibril Abdul Razak