Court dismisses Opuni, Agongo attempt to halt proceedings

The Accra High Court has dismissed an attempt by the former COCOBOD CEO Stephen Opuni and businessman Seidu Agongo to stop proceedings in which both have been accused of causing financial loss to the state.

The two accused persons had wanted the court to stay proceedings pending the final determination of their submission of no case application at the Court of Appeal.

The duo who were dissatisfied with the court’s ruling moved the motion for stay of proceedings at the High Court on May 26 to pause all hearing until the Court of Appeal verdict.

But the Accra High Court judge tossed out the application and ordered lawyers for the accused to open their defence on the next adjourned date, June 3.

It was the view of the judge, Justice Clemence Honyenugah, that the “application did not state the reason for which it was brought”.

He said both counsels failed to disclose any special or exceptional circumstance to warrant a stay of proceedings.

Arguments raised by the three parties before the judge’s ruling

Counsel for the former COCOBOD CEO, Samuel Cudjoe, said the court erred in its submission of no case ruling.

He pointed to the fact that the court, in dismissing its submission of no case, also rejected its exhibit 58 to 75, a move he believes was wrong.

Siding with the submission of the former COCOBOD CEO, counsel for Seidu Agongo, Emmanuel Kumadzi, said the court’s rejection of exhibits 58 to 75 constituted an exceptional ground for a stay of proceedings.

The State Attorney, however, disagreed. Evelyn Keelson wondered why the defence was reluctant to open their defence.

“You have a story to tell. Who can tell the story better than you,” she queried.

She further argued that there was no law requiring the court to stay proceedings in the matter.

Mrs Keelson mentioned that the Constitutional Instrument (C. I.)132, the new Court of Appeal rule as amended, does not provide room for such flexibilities.

“The applicants have not established any basis for the court to grant their request. On the issue of exhibits, the court has the power to disregard evidence which has been wrongfully admitted and the exhibits in question were clearly hearsay,” she added.

At the last adjourned date, the court dismissed an application for submission of no case filed by Dr Opuni for causing financial loss to the state.

The court believed that state prosecution had established a prima facie case in 24 of the 27 charges against him and businessman Seidu Agongo.

The 24 charges on which the accused persons were ordered to open their defences bordered on willfully causing financial loss to the state, defrauding by false pretence, contravention of procurement laws, corruption of a public officer and manufacturing fertiliser without registration.

The court, however, acquitted and discharged Agongo on three separate counts which relate to money laundering.

“The prosecution did not succeed in establishing a prima facie case against the second accused person (Agongo) in counts 22, 23 and 24. Accordingly, I acquit and discharge the second accused person in respect of count 22, 23 and 24,” the court held in its ruling.

The court ordered Dr Opuni and Alhaji Agongo, who supplied fertilizer to COCOBOD, to prepare their defence for the trial to continue.