Dr Stephen Opuni
The case involving former Chief Executive Officer of the Ghana Cocoa Board (COCOBOD), Dr Stephen Opuni and the Managing Director of Agricult Ghana Limited Seidu Agongo, who have been accused of causing financial loss to the state, has been adjourned to June 13, 2018.
The judge adjourned the matter to enable him to assess the Supreme Court’s interpretation of Article 19 Clause 2 E and G of the 1992 Constitution which was a thorny issue in summary trial.
Justice Clemence Honyenugah, a Court of Appeal Judge sitting as an additional High Court judge, adjourned the matter on two occasions in order to obtain the apex court’s interpretation of the Article which was referred to it (Supreme Court) during the hearing of the $4 million NCA case at the High Court.
Samuel Codjoe, lawyer for Dr. Opuni, filed an application to the court to compel the prosecution to furnish his client with documents, including statements of all witnesses who would be called to testify in the matter.
The lawyer said on a true and proper interpretation of the Article, his client was entitled to all the documents “which have come into the possession, custody and knowledge of the prosecution in the course of their investigation.”
The Deputy Attorney General, Godfred Yeboah Dame, in his affidavit in opposition to the application, accused Dr. Opuni’s lawyer of shadow-fighting – avoiding the substantive case and rather employing delay tactics.
He, however, expressed the readiness of the AG’s Office to provide Dr. Opuni with all relevant documents, including letters and contracts he signed during his tenure as COCOBOD boss.
Although the trial judge did not refer the matter to the apex court for interpretation, he acknowledged the fact that a similar writ is before the court and so adjourned the matter, hoping that the interpretation would be ready at the next sitting date.
Interpretation
The Supreme Court last week affirmed that the accused persons in summary trials are entitled to prosecution documents so as to enable them put up a proper defence.
The court, however, held that disclosure is not absolute, and that the prosecution has the discretion to determine which documents it deems relevant for the trial.
The discretion, the court noted, must regard issues concerning national security, safety of witnesses and matters of public interest.
True Copy
When the case was called yesterday, the trial judge, Justice Honyenugah, stated that he was aware the Supreme Court had interpreted the said Article.
However, he said he does not have the certified true copy of the ruling, as he had only heard about it in the media.
He noted that he would not give his ruling on the lawyer’s applications based on rumours and would therefore wait for the certified copy from the Supreme Court.
He added that the court’s registrar gave assurance that he would get a copy of the judgement for him and subsequently adjourned the matter to June 13, 2018 to rule on the application for disclosure of prosecution documents.
Background
Dr. Stephen Kwabena Opuni and businessman Seidu Agongo are before an Accra High Court for causing financial loss to the state to the tune of GH?217,370,289.22.
The two are facing a total of 27 charges, including defrauding by false pretense, willfully causing financial loss to the state, money laundering, corruption by a public officer and contravention of the Public Procurement Act.
The two were each granted a GH?300,000 self-recognizance bail by the court, presided over by Justice Honyegah, after they pleaded not guilty to all the charges.
By Gibril Abdul Razak