Dr. Stephen Opuni
Former Chief Executive Officer of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, has filed an appeal at the Supreme Court challenging the decision of the Court of Appeal which ordered for the continuation of his trial instead of starting it afresh.
He is seeking the apex court to overturn the decision of the Court of Appeal and order instead that the case is restarted with the prosecution recalling its witness, in a trial which has lasted for five years.
The Court of Appeal on July 3, 2023, ordered an Accra High Court to adopt the proceedings in the trial of Dr. Stephen Opuni and businessman, Seidu Agongo, previously conducted by retired Justice Clemence Honyenugah.
A three-member panel of the court, presided over by Justice Philip Bright Mensah and assisted by Justices Jennifer Dadzie and Ernest Owusu-Dapaa, yesterday upheld an appeal by the Attorney General against the decision of the trial court to restart the case.
The court, in a unanimous decision, said having regard for the perculiar situation of the case and regard to constitutional provisions, the High Court misdirected itself and thereby came to a wrong conclusion to start the case afresh.
The two are before the High Court for allegedly causing financial loss to the state to the tune of over GH¢217 million, as well as procurement breaches in the purchase of Lithovit Liquid fertiliser.
The prosecution led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, called seven witnesses to prove the charges against the accused persons who were extensively cross-examined by defence lawyers, some lasting about six months.
It closed its case on March 30, 2021 and Dr. Opuni has since opened his defence and called seven out of the eleven witnesses he intends to rely on to counter the prosecution’s case.
But the case had to be reassigned to another judge following the retirement of Justice Honyenuga (rtd) and the expiration of the six months extension granted him by the Chief Justice in accordance with the 1992 Constitution.
Justice Kwesi Anokye Gyimah, in a ruling on whether to adopt the old proceedings or start the trial afresh, had held that it would be unfair for the court to ignore the allegations made against the previous judge and adopt the previous proceedings as they were.
The judge also pointed out that in order for the court to have a first-hand information in the trial and pay attention to the demeanour of witnesses, the court will start the trial from scratch.
Appeal
The Attorney General and Minister for Justice, Godfred Yeboah Dame, appealed the decision and averred that the trial judge exercised his discretion wrongly in arriving at a conclusion that he “will be saddled with the same suspicions and allegations of unfairness levelled against the current state of proceedings”, which have already been dealt with by the Supreme Court.
Again, the notice of appeal averred that the new judge “in relying on irrelevant factors already disposed of by Superior Courts, unfairly gave the accused persons a second bite at the cherry.”
“The decision of the court to start the trial de novo (afresh) has occasioned a miscarriage of justice as it will hinder an efficient trial of the accused persons in the instant case,” the AG avers.
It was the case of Mr. Dame that the judge erred, in the circumstances of the instant case, in placing undue premium on the need to assess the demeanour of the witnesses called at the trial.
The notice of appeal therefore, sought an order setting aside the ruling directing that the trial be started afresh as well as an order that the evidence led at the trial so far be adopted by the trial judge.
Ruling
The Court of Appeal, in its concluding part of the judgment on the appeal, said the High Court misdirected itself and subsequently granted the Attorney General’s appeal in its entirety.
The court, therefore, ordered the trial court to adopt the proceedings previously presided over by Justice Honyenuga (rtd) instead of restarting the case.
Supreme Court
Appearing before the trial court yesterday, now presided over by Justice Aboagye Tandoh, Samuel Codjoe, counsel for Dr. Opuni indicated that they have gone to the Supreme Court to challenge the decision of the Court of Appeal which ordered that the proceedings should be adopted instead of the trial starting afresh.
He said they were seeking directions from the new trial judge as the appeal was still pending before the Supreme Court.
Evelyn Keelson, a Chief State Attorney, had earlier communicated the decision of the Court of Appeal to the High Court, indicating that the proceedings were to be adopted instead of a fresh start.
Justice Tandoh, in his ruling, said the appeal against the decision of the Court of Appeal is yet to be filed on the docket and there is no order restraining the court from hearing the matter.
He, therefore, ordered the parties to apply for the record of proceedings for same to be adopted for the continuation of the trial. He adjourned the case to July 25.
BY Gibril Abdul Razak