The Attorney General Godfred Yeboah Dame wants Justice Clemence Honyenuga back to handle the case against former COCOBOD CEO Stephen Opuni.
He has has filed a review application at the Supreme Court to challenging the removal of Justice Honyenuga from the trial.
The review application filed by the AG said the decision of the apex Court contains fundamental errors of law which have manifestly resulted in miscarriage of justice.
According to the AG, the Judge’s exclusion of the witness statements, if proven to be true, could not have been a basis for the court’s conclusion since the Judge applied the law as interpreted by the Supreme Court in various cases.
The AG argued that the decision to restrain the Judge is unfair in that the case will be entrusted to an entirely new judge who has not had the benefits of the full trial, including assessing and observing the demeanour of witnesses.
The AG, therefore, wants the decision of the apex court reviewed and set aside.
On July 28, the Supreme Court in a majority decision granted the application of Dr Opuni for the Supreme Court Judge sitting in as additional High Court Judge to abandon the trial for another judge to take over.
The three-two Majority also quashed the decision of the trial Judge for rejecting an exhibit lawyers of the former CEO submitted to the court.
The application which was initially filed at the High Court was a motion on notice for the trial Judge, Justice Clemence Jackson Honyenuga, to recuse himself.
A Second application, which was filed at the Court of Appeal was a repeat application for a stay of proceedings pending the determination of an Appeal at the High Court.
The parties in the matter filed the repeat application after the High Court dismissed their initial application to stay proceedings pending an Appeal.
The High Court ordered Dr. Opuni and Seidu Agongo, the Chief Executive Officer of Agricult Ghana Limited to open their defence after the State had established a prima facie case against them.
Justice Clemence Honyenuga, in his ruling on a submission of no case, said the prosecution had succeeded in proving the essential ingredients in the charges levelled against the accused persons except for three charges on money laundering.
Dr Opuni, the first accused person was asking the trial Judge to refer the suit to the Chief Justice for reassignment to another Judge.
According to Dr. Opuni, the first accused said the motion was on the grounds of breach of Article 19 (2) (e) & (g) of the 1992 Constitution and for real likelihood of bias and asked the trial Judge to refer the suit to the Chief Justice, amend same for it to be “re-assigned to another judge on the grounds as contained in the accompanying affidavit.”
The former COCOBOD CEO, said the Judge stated in open court that he had to complete the case quickly to enable him concentrate on his duties at the Supreme Court as the case had been pending for the past three years thereby affecting his work in the Supreme Court.
The first accused said the learned Judge, having stated in open court that he was in hurry to hear the case, such that he refused to give him an additional four days to enable him adequately prepare for the case.
Justice Honyenuga after hearing the parties said “in view of the filing of an application to recuse myself from hearing the matter and also the pendency of a repeat application at the Court of Appeal, the trial is adjourned to June 9, 2021.”
Dr Opuni and Seidu Agongo are facing 27 charges including defrauding by false pretences, willfully causing financial loss to the State, money laundering, corruption by public officer and contravention of the Public Procurement Act.
They have both pleaded not guilty to the charges and are on a GH¢300,000.00 self-recognizance bail, each.
But the ruling of the Supreme Court suggests that the case will have to start all over under a new trial judge.
By Laud Nartey|3news.com|Ghana