Dr. Stephen Opuni
A Court of Appeal judge, Justice Clemence Honyenuga, says he is taken aback by a decision of the former Chief Executive Officer (CEO) of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, to politicize his trial which is before an Accra High Court.
According to him, the case before the court is purely based on the charges preferred against him and has nothing to with party politics as being alleged by the former CEO, who is facing charges of causing financial loss to the state during his time at COCOBOD.
This was contained in Justice Honyenuga’s ruling on an application filed by Dr. Opuni asking the judge to recuse himself from the trial due to certain comments he (the judge) made during a traditional programme in the Volta Region.
Dr. Opuni and businessman Seidu Agongo are before an Accra High Court charged with causing financial loss of over GH¢271 million to the state.
Justice Honyenuga, a Court of Appeal judge, sitting as a High Court judge who doubles as a chief, is the judge hearing the case brought against the accused persons.
Application
Samuel Codjoe, counsel for Dr. Opuni, filed an application asking the judge to recuse himself from the trial for saying at a traditional programme 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.
Moving the motion, he 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 has been elevated into a political context such that the political fortunes of the ruling government are linked to the case.
He added that political bigwigs of the ruling New Patriotic Party (NPP) have all referred to the Dr. Opuni trial as one of the incidents of political corruption during the Mahama administration, adding that the outcome of the trial has a bearing on the fortunes of the NPP in the 2020 elections.
“We believe you should recuse yourself in that you have made it clear you want the government to win the 2020 election and that it is not only you, you are also asking Ghanaians to duly give them another mandate,” Mr. Codjoe added.
Lawyer for Seidu Agongo Nutifafa Nutsukpui supported the motion and urged the judge to recuse himself from the trial.
Opposition
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.
Mrs. Keelson further argued that she had noticed how Mr. Codjoe had tried very hard to stretch the comment to align it with comments by some NPP officials but stated that those comments have no bearing on the matter as it is the court that determines the merits of the case.
“The comments have nothing to do with the case. ‘May consider’ cannot in any way be translated to mean that the judge was actively campaigning for the sitting President. How can that be translated into this case?” she queried.
“Those comments by the judge have nothing to do with the judge actively campaigning for the sitting President. This does not survive the test of bias,” Mrs. Keelson added.
Ruling
Justice Honyenuga, in his ruling, expressed surprise as to why Mr. Codjoe would allow Dr. Opuni to fill his application with so many political issues.
He dismissed the application, saying it is incompetent, as the allegations are baseless, and his comments have no judicial bearing on the matter which is before the court.
BY Gibril Abdul Razak