The former Chief Executive (CE) of Ghana Cocoa Board (COCOBOD), Dr Stephen Kwabena Opuni has filed a motion, asking an Accra Criminal High Court to set aside orders it made on Monday, November 14, 2022.
Additionally, Dr Opuni’ application is seeking that the court stay execution of proceedings as well as a referral of Article 139(1c) and Article 145(5) of the 1992 Constitution to the Supreme Court for interpretation, under Article 138 of the Constitution.
Samuel Cudjoe, Counsel for Dr Opuni, informed the court, presided over by Justice Clemence Honyenuga about the pending application, when he and his client appeared in court yesterday.
Mr Cudjoe told the court that although the application had not been served on the parties involved in the case, they have been informed.
The COCOBOD former CEO’s latest application comes on the back of a motion that he filed to bar Justice Honyenuga from further hearing, but was dismissed on November 14.
The court has, however, adjourned the hearing of the application to November 23, to enable the process to be served on the other parties in the trial, after their Counsel informed the court that the process has not been served on them.
On the side of the prosecution, the Principal State Attorney (PSA), Stella Ohene Appiah confirmed that albeit the application is yet to be served on them, they have been informed accordingly.
Mrs. Appiah, nonetheless, expressed concerned about the application since it was going to further delay the case, which has been travelling for the past four years.
She told the court that the prosecution would also wave its right to file an affidavit in opposition and respond to the application on the point of law.
Background
Dr Stephen Opuni has been accused, together with businessman Seidu Agongo and his company, Agricult Ghana Limited.
The state has slapped the three with allegations including; causing financial loss to the Republic of Ghana, money laundering, corruption of public officer and contravention of the Public Procurement Act.
The accused persons have pleaded not guilty to the charges. Dr Opuni and MrAgongo are on GH¢300,000.00 self-recognisance bail.
