Dr. Stephen Opuni
The former Chief Executive Officer (CEO) of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, who is standing trial for allegedly causing financial loss to the state, has appealed the decision of the trial judge to recuse himself on grounds of possible bias.
His lawyers have subsequently filed an application seeking to put the trial on hold pending the determination of the appeal at the Court of Appeal.
The Counsel for Dr. Opuni Samuel Codjoe, was expected to move the application last Friday, but the court was informed that he was incapacitated, for which reason he could not make it to court.
Alleged Bias
In March this year, the accused filed an application asking the judge, Justice Clemence Honyenuga, the then Court of Appeal judge (now Supreme Court judge) sitting with additional responsibility as the trial judge, to recuse himself from the trial for saying at a traditional programme where he was paramount chief 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 lawyer argued that the judge had openly campaigned for the President through his comments hence compromising his integrity to fairly hear the case before him which he said is political because of the interest, he claims, the current government has in it.
Mr. Codjoe claimed that Dr. Opuni’s trial had been elevated into a political context such that the political fortunes of the ruling government are linked to the case.
The application was opposed by the state represented by Evelyn Keelson, a Chief State Attorney, who said the criminal matter before the court was based on ‘personal actions and conducts’ of Dr. Opuni which, she said, are criminalized under existing laws of Ghana.
She said the comments made by the trial judge, which Dr. Opuni complained of, has nothing to do with this trial as it has no bearing at all on the trial.
Justice Honyenuga dismissed the application, saying he was taken aback by Dr. Opuni’s decision to politicize his trial.
According to him, the case before the court is purely based on the charges preferred against the accused and has nothing to do with partisan politics as being alleged by the former CEO.
Appeal/Stay
Not satisfied with the decision of the judge to continue hearing the case, his lawyers have appealed the decision and are now trying to put the trial on hold until the appeal is determined.
The court was supposed to hear the application today, but his lawyer has written to the court that he is not feeling well.
Johnson Normesinu informed the court that Mr. Codjoe had suggested that the case be adjourned to July 8 but that was opposed by Stella Ohene Appiah, a Principal State Attorney, who said the date suggested was too far away.
She prayed the court to set a date within next week for the application to be moved by Mr. Codjoe or any of the lawyers of the legal team.
The case was adjourned to June 18 for the application to be moved.
BY Gibril Abdul Razak