Chief Justice throws out Opuni request to remove Honyenuga
Chief Justice Kwasi Anin-Yeboah has turned down a petition by COCOBOD CEO Dr Stephen Opuni and businessman Seidu Agongo to intervene in the ongoing trial of causing financial loss.
In a request, the two sought to have Justice Clemence Honyenuga removed by the Chief Justice in the case in which they have been slapped with 27 charges.
In his response, the Chief Justice declined the request by the two citing a lack of justifiable reason in the petition.
“I have noticed from the petition that the learned judge has not made any serious prejudicial statements to infer that there is a real likelihood of bias against you as an accused person in the case in which you are yet to open your defence,” the Chief Justice noted.
He continued: “In view of the fact that no serious allegation of likelihood of bias has been established, I will decline the invitation to transfer the case to another judge”.
However, the Chief Justice noted that the ruling “does not preclude you (Dr Opuni) in the exercise of your constitutional rights to resort to the judicial processes for the transfer you are asking for.”
Justice Clemence Honyenuga read the response of the Chief Justice in court on Thursday, July 1.
Justice Honyenuga then stated that per the response from the Chief Justice, “nothing stops me from continuing this case.”
He also said he had noticed the docket that Dr Opuni has filed on a motion for discovery of documents fixed for June 29, 2021, that was adjourned to today, July 1, 2021.
The judge indicated that he has equally observed that the Chief State Attorney has compiled and filed all the necessary disclosures asked for by the first accused.
However, he said, “out of respect for the Supreme Court, where Dr Opuni has filed an application to invoke the supervisory jurisdiction of the court, I will in the circumstances adjourn this case to abide by the judgement of the Supreme Court.
Consequently, the case was adjourned to July 15, 2021.
Dr Opuni, in his petition, had claimed that Justice Honyenuga was being biased in his case.
According to him, some comments of the judge presuppose that the outcome of the case before him had been pre-determined even before opening his defence.
Against this background, Dr Opuni prayed the Chief Justice to hand over the case to another judge.
Read also: COCOBOD Trial: Opuni ‘Runs’ To Chief Justice
Background
The former COCOBOD boss, Dr Opuni and CEO of Agricult Ghana Limited, an agrochemicals company, Seidu Agongo, are being tried over allegations of causing financial loss of more than GH₵271 million to the state.
The GH₵271 million alleged financial loss to the state is in respect of their engagement in illegalities in a series of fertiliser transactions, making the Attorney-General drag them in court in March 2018.
Agongo is alleged to have used fraudulent means to sell substandard fertiliser to the COCOBOD for onward distribution to cocoa farmers.
Dr Opuni is also accused of facilitating the act by allowing Agongo’s products not to be tested and certified as required by law.
They have been charged with 27 counts, including allegedly engaging in illegalities leading to the distribution of sub-standard fertilisers to cocoa farmers.
Meanwhile, the two have denied any wrongdoing and have pleaded not guilty to all the charges against them and are currently on a GH¢300,000 self-recognisance bail each.
Bribery Allegation
According to the facts of the case, Dr Opuni, on October 10, 2014, while he was the CEO of COCOBOD, agreed to permit his office to be influenced by an amount of GH₵25,000.
The second accused person, Mr Agongo, has also been accused of “endeavouring to influence the conduct of Stephen Kwabena Opuni in the performance of his duties as the CEO of COCOBOD by offering him an amount of GH₵25,000” on October 10, 2014.