Dr. Stephen Opuni
An Accra High Court has ordered the former Chief Executive Officer of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni to call his next witness on July 27, 2023 or mount the witness box himself testify in a trial in which he and businessman Seidu Agongo have been accused of causing over GH¢217 million financial loss to the state.
The court presided over by Justice Aboagye Tandoh yesterday adopted the proceedings of the trial previously presided over by Justice (rtd.) Clemence Honyenuga after the Court of Appeal blocked the defence lawyers’ push for restarting the trial.
Dr. Opuni together with businessman, Seidu Agongo, are on trial for allegedly causing over GH¢217 million financial loss to the State in the supply and purchase of Lithovit liquid fertiliser.
The court after adopting the proceedings had adjourned the case to today for the resumption of the cross-examination of Dr. Opuni’s seventh witness.
But Samuel Codjoe, counsel for Dr. Opuni told the court that the witness was out of the jurisdiction and that he had travelled to London for his son’s graduation ceremony and they have not made contact with him since.
He said the witness had indicated that he would be back to Ghana in the first week of August and also told the court that the defence were not aware that the court would yesterday give a ruling on the adoption of proceedings, “and this is because we were of the opinion that we all have to agree on what proceedings was being adopted.”
Mr. Codjoe said this was more so when the Court of Appeal said the issues of the proceedings not being complete “would be addressed when we appear before the High Court for adoption. It was on this basis that we did not inform the court that our witness had had discussions with us with respect to his unavailability.”
Benson Nutsukpui, counsel for Seidu Agongo and Agricult Ghana Limited said they have applied for the court’s proceedings but have not been furnished with same although he was supposed to cross-examine the witness.
He said in order to efficiently cross-examine the witness he would have to get all proceedings, go through them and refer to them during the cross.
“We also believe that this court has a constitutional duty to give us adequate time and facility for the preparation of our defence. We submit that the adequate faculty includes the records of proceedings,” Mr. Nutsukpui added.
Stella Ohene Appiah, a Principal State Attorney said the proceedings in question is the proceedings well known to all parties in the matter as the proceedings were given to all the parties in this case on almost daily basis.
She said the court records proceedings as it goes on and this case of some parties not having the record of proceedings is a non-starter.
On the issue of the non availability of Dr. Opuni’s seventh witness, she conceded that the call on the witness is rather on a short notice but indicated however, that the court cannot wait for a witness who decides to attend his son’s graduation.
Ms. Appiah said Dr. Opuni had indicated that he would be calling nine witnesses including himself, so if one of his witnesses is not available then he could call the next intended witness or he himself could testify.
Justice Tandoh in a ruling said there was no cogent evidence before the court regarding the witness’ travel and indicated that it is important for all the parties to prepare their witnesses for efficient trial.
He therefore, ordered that the trial will proceed on July 27, 2023, with either Dr. Opuni calling his next witness or he himself mounting the witness box.
The court also ordered counsel for Dr. Opuni to produce evidence and travel document as to when DW7 would be in the jurisdiction.
BY Gibril Abdul Razak