Chief Justice adds two more judges to hear AG’s review application in Opuni’s trial
The Chief Justice has added two more Judges to the supreme court bench to hear the review application by the Attorney General filed in opposition to the removal of Justice Clemence Honyenuga as trial Judge in the Opuni Cocoa Board case.
On July 28, a five-member ordinary bench of the supreme court presided over by Justice Jones Dotse in a 3:2 majority granted an application by Dr Opuni which sought certiorari to quash portions of Justice Honyenuga’s ruling on a submission of no case as well as prohibit him from further hearing the case on grounds of bias.
However, Attorney General Godfread Yeboah Dame filed an application for the supreme court to review its decision to rescind Justice Honyenuga from continuing with the trial of Dr Opuni and Seidu Agongo.
Nene Abayaateye Ofoe Amegatcher and Prof Emmanuel Nii Ashie Kotey are the two new judges who have been added to the ordinary Bench to listen to the review application of the state headed by the Attorney General and the defence of by Dr Opuni and Seidu Agongo’s legal team to make a determination whether the withdrawal of the trial Judge on the basis of bias was right or to reinstate him to continue with the trial.
Dr Stephen Opuni and Sediu Agongo are standing trial for allegedly causing financial loss to the state to the tune of GH¢217 million in the purchase of fertilizers for Cocoa farmers.
After the state closed its case, the trial judge, Justice Clemence Honyenuga on May 7, 2021, ordered the accused to open their case. However, the accused filed a couple of applications including a stay of proceedings at the Appeal Court which was dismissed.
Another application that was dismissed by the appeal court was asking Justice Honyenuga to recuse himself from the trial on the basis that it was brought in bad faith.
Though the application was dismissed by the Appeal Court, the defence team applied to the Supreme Court which by a 3:2 majority decision upheld the application for the recusal of the trial judge on the grounds of bias. The three who were in support of the decision were Justices Gabriel Pwamang, Agnes Dordzie and Umoro Tanko Amadu. The other two who gave a dissenting opinion were Justices Dotse and Lovelace-Johnson.
Source: Heizel Joshua | myactiveonline.com
