Stephen Opuni
FORMER CHIEF Executive Officer of Ghana Cocoa Board (COCOBOD), Stephen Opuni, has renewed his push to get Justice Clemence J. Honyenuga, a Supreme Court judge, to stop trying him at the High Court for allegedly causing financial loss to the state.
The embattled former COCOBOD boss has this time around petitioned the Chief Justice to ask the trial judge to recuse himself from the ongoing trial, after failing to get the judge off the case.
His lawyers have additionally, filed a motion before the Supreme Court to exercise its supervisory power and prohibit Justice Honyenuga from further hearing the case.
Dr. Opuni, who is standing trial together with businessman, Seidu Agongo for allegedly causing over GH¢217 million financial loss to the state, was ordered by the trial judge on May 7, 2021, to open his defence after the prosecution had closed its case and then submission of no case applications filed by the accused persons which were dismissed by the court.
Since then, Dr. Opuni has filed multiple applications before the court, including a stay of proceedings, one of which was filed at the Court of Appeal and was dismissed.
Multiple Attempts
Although this the first time Dr. Opuni has petitioned the Chief Justice Anin Yeboah about the trial judge, it is the fourth time he has tried to prevent Justice Honyenuga from further hearing his case.
The first was filed in March 2020, on ground that the trial judge had openly ‘campaigned’ for President Akufo-Addo.
The accused person had claimed that the judge at a traditional programme where he (judge) is the Paramount Chief, stated 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.
He then filed another application before the High Court in June this year, asking Justice Honyenuga to recuse himself from the trial on ground of bias and not being given adequate time and facilities to defend himself.
The application was also dismissed by the court, which held that it was brought in bad faith.
Latest Move
Dr. Opuni was expected to open his defence after the Court of Appeal dismissed his application for stay of proceedings on ground that no miscarriages of justice would be occasioned if the trial went ahead.
But when the case was called, Justice Honyenuga indicated that Dr. Opuni had petitioned the Chief Justice regarding the trial.
He said it was only brought to his attention a day before the last adjournment.
The prosecution led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, told the court she had not seen a copy of the said petition.
The court subsequently adjourned the matter to June 29 to await the decision of the Chief Justice.
More Documents
Meanwhile, lawyers for Dr. Opuni have filed a different application at the High Court asking for certain documents.
He wants the prosecution to provide him all the letters written by COCOBOD to other chemical suppliers such as Sidalco, and Wemco, all written on February 25, 2014.
The application would be moved on June 29, 2020.
BY Gibril Abdul Razak