COCOBOD Trial: Dr Opuni files new motion to remove Justice Honyenuga

Former COCOBOD CEO Stephen Opuni has filed a fresh application, requesting the removal of Supreme Court Justice Clemence Honyenuga from the COCOBOD trial.

The application is the latest in a series of attempts by the former COCOBOD boss to prevent Justice Honyenuga, from presiding over the case.

In his application, which is expected to be moved on Thursday, December 16, 2021, Dr Opuni accused Justice Honyenuga of being biased and hostile towards him since he opened his defence.

Dr Opuni’s argument is that the presiding judge has said in open court that the evidence of his defence witness could not exonerate him.

“The learned judge has already made his mind even though my first witness has not yet completed his evidence-in-chief. I add that this comment is further evidence that the learned trial judge would not consider the evidence of my witness even though he has not yet completed his evidence-in-chief,” as stated in his application.

Again, it is the case of Dr. Opuni that Justice Honyenuga unilaterally imposed dates on him since he opened his defence, arguing that it was different when the prosecution was presenting its case.

He further averred that the trial judge exhibited bias by not allowing his counsel to conduct his examination-in-chief based on the court’s ruling of submission of no case.

He said if the learned trial judge refused to recuse himself from the case, “I would be denied a fair trial since I would be prevented from conducting the case in a way which I am entitled to by making references in this instance to specific portions of the ruling”.

Dr. Opuni has also petitioned the Chief Justice to assign a different judge to hear the motion seeking to remove the trial judge.

Read Also: Will the NDC ever forgive Justice Honyenuga

Background

The former COCOBOD boss, Dr. Opuni, and the 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 to court in March 2018.

Agongo is alleged to have used fraudulent means to sell substandard fertiliser to 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.

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.