Chief Justice throws out Opuni

The Chief Justice, Justice Kwesi Anin Yeboah, has declined a request by former COCOBOD boss, Dr Stephen Kwabena Opuni, to change the judge hearing his (Opuni's) alleged criminal case.

Dr Opuni, who is standing trial with businessman, Seidu Agongo, over allegations of causing financial loss of more than Ghc271 million to the state, accused the presiding judge, Justice Clemence Honyenuga, of being bias.

He, therefore, petitioned the Chief Justice to transfer the case to another judge.

Request declined

However, in his response, dated June 25, this year, the Chief Justice said the petition did not disclose any case of bias against Justice Honyenuga

“I have noticed from the petition that the learned judge has not made any serious prejudicial statements to infer that there is real likelihood of bias against you as an accused person in the case in which you’re yet to open your defence, “ the Chief Justice said.

The Chief Justice’s response was read by Justice Honyenuga at the Accra High Court today.

Application

In view of the decision by the Chief Justice not to grant Dr Opuni’s request, Justice Honyenuga held that nothing stops him from continuing with the case.

He, however, adjourned the case to July 15 to await a ruling by the Supreme Court on an application filed by Dr Opuni.

Dr Opuni is asking the Supreme Court to quash a decision by Justice Honyenuga not to recuse himself, and also to prohibit him from presiding over the case.

Not guilty

Dr Opuni was the CEO of the COCOBOD between November 2013 and January 2017, while Agongo is the CEO of Agricult Ghana Limited, an agrochemicals company.

The two were dragged to court by the Attorney-General (A-G) in March 2018 for allegedly engaging in illegalities in a series of fertiliser transactions, which the A-G says caused a financial loss of GH¢271.3 million to the state.

Agongo is alleged to have used fraudulent means to sell substandard fertiliser to the COCOBOD for onward distribution to cocoa farmers, while Dr Opuni is accused of facilitating the act by allowing Agongo’s products not to be tested and certified as required by law.

The two have denied any wrongdoing and have pleaded not guilty to all the charges.