Alfred Tuah-Yeboah, Deputy Minister for Justice and Attorney-General (A-G) has filed an application before an Accra High Court for the sitting judge hearing the case of Dr Stephen Kwabena Opuni and two others, to refer the case to the Chief Justice for a new judge to be appointed.
According to Mr Tuah-Yeboah, the presiding judge, Justice Clemence Jackson Honyenuga was given a limited mandate under Article 144 of the constitution to conclude the case, which expires in March.
He told the court yesterday that although the six-month mandate is at its tail end, the first accused, Dr Opuni (former CE of COCOBOD), has not finished testifying
The deputy A-G told the court that: “…with the pending motion, we will like to make a very short submission, pursuance to Article 145(4) of the Constitution.
My Lord was granted a limited mandate to conclude the hearing of this matter. My Lord, today is 23rd February, 2023 and the time left for that time to expire is extremely limited.
It is limited in the sense that A1 has not closed his defence for A2 to also open his. My Lord, considering the time left, it is practically impossible for this matter…in the circumstances, we respectfully pray that my lord refer this matter to the Chief Justice to reconstitute… This submission is being made in the interest of justice and fairness. This is our humble submission.”
The court responded that having heard the learned deputy A-G and Counsel for A1, A2 and A3, “It is my candid opinion that I will adjourn this matter to await the reason of the SC.”
This was as the Supreme Court in a 7:0 unanimous decision on February 22, 2023 dismissed a review application to prohibit, certiorari and perpetual injunction filed by A1.
The detailed reasons for the decision may be filed in the Registrar of the Supreme Court on or by the close of Tuesday, February 28, 2023.
Justice Honyenuga, therefore, indicated that considering the enormous applications filed in this trial in this court, Court of Appeal and the Supreme Court, “I will adjourn the matter to Wednesday to get the full import of the judgement of the Supreme Court, which we shall abide by the decision of SC.”He adjourned the case to Wednesday, March 1, 2023 at 12:00pm.
The application by the A-G was fully supported by the accused persons – Dr Opuni, Seidu Agongo and his company Agricult Ghana Limited.
Outside the courtroom
Mr Tuah-Yeboah told journalists in an interview that: “As we speak now A1 has not even finished testifying and after the first accused persons, you will have the second and the third.
And looking as at today, the 23rd, the days left are so limited that if we were to say that my Lord should continue the hearing of this matter, he cannot conclude it.
“Practically, we thought it wise to bring such application for him to refer the matter to the Chief Justice so that another judge would be appointed by the Chief Justice to hear this particular matter.
“When he was given the six months and by the time he was given the six months, he could have finished the matter, but legal issues are legal issues, the accused persons have also decided to file an application before him, Court of Appeal and the Supreme Court and they have the right to do so.
“Unfortunately, this is where we are so far as we are operating by this Constitution, you can’t curtail the right of accused person to file an application or to go to the Supreme Court for any other matter to be heard. So it is not as we knew that he was not going to complete this matter. Per the six-months, if there have not been any of those intervening factors we could have finished.”
He added that it is not that prosecution is imposing itself on the court, but the prosecution and counsel in the case, they owe it a duty to make certain applications to the court and this does not come under any specific provision, but by their own thinking.
Referring to a pending application by Seidu Agongo for the judge to recuse himself, the deputy A-G said, “thinking that rightly if we were to seek coming back to hear the application and the banter, we cannot finish.
“That is the practical situation. So the realistic thing to do is make a suggestion to the court for the court to consider, but not to impose our will on the court, but the court to consider our submission when we come back next week Wednesday. We will know what the court has to say.”
Dr Opuni, Seidu Agongo and Agricult Ghana Limited are facing 27 criminal charges, including defrauding by false pretences, wilfully causing financial loss to the State, money laundering, and corruption by a public officer in contravention of the Public Procurement Act to the tune of GH¢2.1 billion.
