Bring back Justice Honyenuga to continue the Opuni case - Godfred Dame to Supreme Court

On July 28, 2021, the apex Court in a 3-2 Majority ordered the trial judge to step aside for a new judge to continue hearing the case.

The court presided over by Justice Jones Dotse arrived at the decision to remve Justice Honyenuga from the case after the lawyers for Mr. Opuni petitioned Chief Justice Kwasi Anin-Yeboah and filed a suit at the Supreme Court.

According to the defence lawyers, the trial judge had prejudged and determined the guilt of Dr. Opuni by his utterances and composure.

But Godfred Yeboah Dame has described the July 28 decision of the Supreme Court as a miscarriage of justice.

READ ALSO: National Chief Imam contributes GHC 50,000 to support the National Cathedral project

He argues that appointing a new judge to handle the case will not only delay the process but may also have negative effect on case in its entirety since the new judge is not abreast of all the facts and dynamics of the case from its beginning to date.

“That the gross and fundamental errors contained in the decision of the ordinary bench have resulted in a substantial miscarriage of justice and render the fit and proper case for the invocation of this Honourable Court’s review jurisdiction to rectify the errors contained in the decision of the ordinary bench,” the AG’s affidavit reads in part.

“That if a trial de novo of the respondent herein results from the decision of this Court dated 28th July 2021, same will occasion a substantial miscarriage of justice as the constitutional requirements of fair and expeditious trial will not only be violated but also, the prosecution will be put to enormous expense, inconvenience and hardship in commencing a new trial.”

Mr. Dame said the ground on which the defendants had asked for the removal of Justice Honyenuga from the case was baseless.

He lamented how the state will bear a lot of cost in starting the case anew if the court’s decision is allowed to stand, considering that the case has travelled for four years.

Background

The former COCOBOD CEO and Agricult Ghana Limited CEO, Seidu Agongo, are standing trial together with Agricult Ghana Limited for allegedly causing the state to lose over GHS 217 million in a cocoa fertilizer transaction.

Dr. Opuni and Mr. Agongo are facing 27 charges including defrauding by false pretenses, wilfully causing financial loss to the state, money laundering, corruption by public officers, and contravention of the Public Procurement Act.