Remove yourself from COCOBOD trial – Opuni to Justice Honyenuga
Former COCOBOD CEO Stephen Opuni and Seidu Agongo want the judge in the case in which they have been accused of causing financial loss to the state removed.
The court was notified of the application of recusal and a repeat application for stay of proceedings on Thursday, June 3.
A recusal application is an application calling for the judicial officer presiding over a case to disqualify himself from involvement in the case on the grounds that he or she is biased.
This means the Accra High Court judge, Justice Clemence Honyenuga, would have to distance himself from the trial which he started in March 2018.
This is the second time the defence team led by Samuel Cudjoe and Nustifafa Nustupkui have asked the trial judge to recuse himself.
The first time, it was an oral application, but the judge dismissed it out-rightly.
This time, the team is attributing it to the fact that the judge said he wanted an expedite trial, to afford him time to focus on his Supreme Court duties.
The alleged comments, according to the defence team, would not allow adequate time and facilities for the accused persons to properly defend himself as enshrined in the 1992 Constitution.
Justice Honyenuga, who was not happy about the development adjourned the case to June 9, for a determination of the matter.
“In view of the filing of an application to recuse me from hearing this matter and also the pendency of a repeat application, this case is adjourned to June 9, 2021, for the hearing of the motion,” Justice Hornyenuga directed.
The first accused person Stephen Opuni was expected to open his defence at the last adjourned date but failed.
He, together with the second accused person Seidu Agongo sort refuge at the Court of Appeal, seeking a review of a ruling directing them to open their defence.
Support from party faithful
A team of party leaders were in court to show solidarity to the former COCOBOD boss and Seidu Agongo.
A former Attorney General and Minister of Justice Betty Mould-Iddrisu, National Communications Officer of the NDC Sammy Gyamfi, 2020 NDC MP Candidate John Dumelo and others were among the few.
Mr Gyamfi, who addressed the media after court proceedings said they do not want a rushed trial.
“These applications have not been filed in a vacuum and reasons have been given as to why the parties or the accused persons will want the judge to respectfully recuse himself and they are entitled raise such issues. These are processes in law.
“Let’s not prejudge the matter, they have concerns that they are not getting fair trial and we have also looked at those concerns and we share and support the stance taken and we are hoping that those applications be heard,” Mr Gyamfi said.
Watch full interview
Background
In March 2018, the A-G charged the former CEO of COCOBOD, Dr Stephen Opuni and Seidu Agongo, the CEO of Agricult Ghana Limited, for causing financial loss of GH¢271.3 million to the state.
The two have been charged with 27 counts, including allegedly engaging in illegalities leading to the distribution of sub-standard fertilizer to cocoa farmers.
Agongo is alleged to have used fraudulent means to sell sub-standard fertilizer to COCOBOD for onward distribution to cocoa farmers. At the same time, Dr Opuni is accused of facilitating the act by allowing Agongo’s products not to be tested and certified, as required by law.
The two accused persons have pleaded not guilty to all the 27 charges and are currently on a GH¢300,000 self-recognisance bail each.