A Justice of the Supreme Court (SC), sitting as an additional judge of the High Court, Clemence Honyenuga, has debunked allegations by sections of the public that the trial of Dr. Stephen Kwabena Opuni and two others has delayed for six years.
According to his Lordship Honyenuga, he received the warrant to hear the case on March 16, 2018 and started the actual hearing in May 2018.
Hitherto, he said, some people were making a lot of noise that the case had been delayed for six years.
The Judge said this while adjourning the case yesterday, due to the court being informed that the second accused person in the trial, Seidu Agongo, had been admitted at the 37 Military Hospital.
Seidu Agongo, together with his company, Agricult Ghana Limited, and the former Chief Executive (CE) of Ghana Cocoa Board (COCOBOD), Dr. Stephen Kwabena Opuni, are being tried by His Lordship for money laundering, corruption of public office, violation of the Procurement Act, defrauding by false pretences, and willfully causing financial loss to the state to the tune of GH¢2.1 billion.
They have pleaded not guilty to the charges, which number about 27, and are on GH¢300,000.00 self-recognisance bail each.
Nutififa Nutsukpi, holding brief for Benson Nutsukpi, Counsel for Seidu Agongo, liaised the information to the court.
Counsel: My lord, respectfully, [the] second accused did attend his review yesterday as had been scheduled. We are sure that the prosecution will reconfirm that as we understand, the prosecutor in this case, being the Attorney-General (A-G), spoke with or sent officers to verify at the hospital that, indeed, the second accused was receiving treatment or being seen at the Korle-Bu Teaching Hospital.
As a result of that intervention, the second accused was kept from the morning to around 4 or 5pm. My lord, it is our understanding that after he returned, home he was still unwell, and at night, being Tuesday, he was sent to the 37 Military Hospital where he is currently on admission.
As we speak, we understand tests, including MIR scans, are being run on him. I’m not in a position to say what he is presented with at the hospital last night, or what investigations are being carried out on him presently. That is why the second accused couldn’t make it to the court.
Principal State Attorney (PSA) Stella Ohene Appiah: Respectively my lord, I’m unable to confirm what counsel has just told the court about the Attorney General sending people to the Korle Bu Teaching Hospital to confirm the attendance of the second accused to that facility.
And, my lord, about his visit to the 37 Military Hospital, we are all hearing this for the first time, and since we don’t have any documentary proof of it, I will leave it to the discretion of the court to decide the way forward.
I can say that I sent a word to my senior in this case in what counsel said for the visit to Korle Bu, and she is also checking if that is the position. We cannot say for sure that what counsel is saying is the case until we have verified…
Judge: Â Mr. Nutsukpi, who gave you the information that the Attorney General spoke with or sent people to verify whether [the] second accused attended the Korle Bu Teaching Hospital or not?
Counsel: The information was laid to the second accused by the doctors attending him.
Judge: Is it the case that because of the alleged intervention from [the] Attorney General that [the] second accused left the hospital between 4 and 5pm yesterday.
Counsel: That seems to mean to be his understanding, because none of his previous sessions had ever taken that long.
Judge: Who relay the information about second accused being on admission at the 37 Military Hospital?
Counsel: That information came from Benson Nutsukpi, Counsel on record for second and third accused persons.
Judge: What is your prayer to the court?
Counsel: In the circumstances, it is our prayer that considering that absence of the second accused is due to ill health, the honourable court may adjourn the case either to tomorrow or Monday. On which date we would have been in the position to furnish the court with the necessary documentation to confirm what we have just told the court is not a tale, or again, the prosecution may verify by their own means whether he was there or not.
Judge: Do you know what his illness was?
Counsel: I will…
Court: Under the circumstance, I order the Principal State Attorney to find out from the Attorney General whether or not he sent any person or persons to verify whether the second accused attended the Korle Bu Teaching Hospital yesterday, 7th February, and report to this court on the next adjourned date.
Meanwhile, I order the Registrar of this court to go to the 37 Military Hospital to find out whether the second accused is on admission at the said hospital. The Registrar shall report his findings to this court at the next adjourned date.
I must state that it is very unfortunate that this case cannot again proceed as at a time that lots of noise being made that this case having been delayed for six years. Although the warrant to hear this case is dated 16th March, 2018, actual hearing started May 2018. Where lies the six years being talked about.
Furthermore, it is a fact that I have limited time to hear this matter, and it is with a heavy heart that I have to adjourn this case today.
In the circumstances, in order not to come back to this court for another adjournment, I adjourn the case to Monday, 13th of February to enable second accused to be present for this case to be continued.
I further ordered that second accused shall produce to this court medical report on admission at the 37 Military Hospital at the next adjourned date.
Case is adjourned February 13 at 10:00am for continuation.
