COCOBOD Trial: Opuni’s review application against Honyenuga dismissed
The Supreme Court has dismissed a review application from former COCOBOD boss Dr Stephen Kwabena Opuni, seeking to remove Justice Clemence Honyenuga as the trial judge for the case in which he has been accused of causing financial loss.
A seven-member panel of the apex court presided by Justice Jones Dotse said the review application fails to meet the threshold for a decision in Dr Opuni’s favour.
“The application lacks substance and merit, and same has been refused,” the panel said.
The hearing on Tuesday, 8 March 2022, was necessitated after an earlier panel of five, on 22 February 2022, dismissed a recusal application against Supreme Court Justice Clemence Honyenuga.
The recusal application sought to suggest that Justice Honyenuga has been biased and hostile towards the former COCOBOD boss in the course of the trial.
The new application was the latest in a series of attempts by the former COCOBOD boss to prevent Justice Honyenuga from presiding over the case.
Dr Opuni had argued that Justice Honyenuga had said in open court that the evidence of his defence witness could not exonerate him except his own evidence.
But the earlier panel dismissed the application, thus the review application filed by Opuni’s team.
The earlier panel was presided over by Justice Prof Nii Ashie Kotey, with Justices Mariama Owusu, Lovelace Johnson, Gertrude Torkornoo, and Henrietta Mensa-Bonsu, as the members.
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Background
The former COCOBOD boss, Dr Opuni, and the CEO of Agricult Ghana Limited, 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 10 October 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”.