Dr. Stephen Kwabena Opuni
The demand for prosecution documents by Dr. Stephen Kwabena Opuni, former Chief Executive Officer (CEO) of Ghana Cocoa Board (CCOBOD), who has been accused of causing financial loss to the state, took a different twist at an Accra High Court yesterday, as his lawyers openly accused the Attorney-General of refusing to obey the court’s orders.
According to Lawyer Samuel Codjoe, the AG’s Office has in its possession certain documents which it intends to rely on but is not willing to provide them to his client to properly and adequately defend himself.
This, he said, is a neglect of the orders of the court, which directed the AG to give his clients all documents, including those they do not intend to rely on for the trial.
The allegations came few weeks after Justice Clemence Honyenugah, an Appeal Court judge sitting as an additional High Court judge in an Accra High Court, ordered the AG to furnish Dr. Opuni with all the relevant documents she intends to rely on to prosecute him for causing financial loss to the state.
The documents, the court said, consist of all those they do not intend to tender as evidence, as the accused persons may rely on them for their defence.
The AG’s Office is also to provide Dr. Opuni and his alleged accomplice, Seidu Agongo, Managing Director of Agricult Ghana Limited, with all witness statements before witnesses are called to testify in the matter.
But at yesterday’s hearing, the lawyer of the defendant, told the court that he had sighted copies of certain contracts at the Economic and Organised Crime Office (EOCO) purported to have been signed by his client but the prosecution has failed to provide them with those documents.
He said the Office of the AG had also failed to furnish his client with letters written by Dr. Opuni to the Public Procurement Authority (PPA) for sole sourcing of Lithovit foliar fertilizer, which was one of the reasons why he has been dragged to court.
AG Fires Back
The Attorney-General, represented by Yvonne Attakora-Obuobisa, Director of Public Prosecutions, took exception to the lawyer’s allegations, saying his comments were unfortunate, as he is trying to impugn the integrity of the AG’s Office.
She denied the allegations, saying the AG had furnished Dr. Opuni with all relevant documents per the court’s orders and could therefore not fathom the further demands of the lawyer.
She averred that the documents the lawyer claimed to have sighted at the EOCO were not part of their documents as EOCO, as a body, is conducting a number of investigations into the activities of COCOBOD.
She stated that she has not even seen the documents the lawyer was talking about, adding that she will not be in a position to furnish the accused persons with a document she does not have.
She said Dr. Opuni was hauled before the court for contract regarding Lithovit foliar fertilizer and all documents concerning the contract had been given to Dr. Opuni and his alleged accomplice, Seidu Agongo, Managing Director of Agricult Ghana Limited.
She added that the lawyer is supposed to defend his client and it’s up to him to get such documents to do his case instead of expecting the prosecution to do his work for him.
Samuel Codjoe, however, maintained that EOCO falls under the office of the AG and it should therefore not be difficult for them to get the documents for the accused persons.
After listening to the arguments, the presiding judge, Justice Honyenugah, held that it seems the documents the lawyer is demanding are essential to the case of the accused persons and subsequently ordered the AG to liaise with the relevant authorities to get them for the accused persons for an expeditious trial.
Hearing continues on July 9, 2018.
Gibril Abdul Razak & Ruth Ofori