It’s Impossible For Me To Conclude This Case – Honyenuga, As He Refers COCOBOD Trial To Chief Justice
The judge hearing the case of the former COCOBOD boss Stephen Opuni has directed the Registrar to refer the case to the Chief Justice for further direction.
This comes after the state prosecution asked that the presiding judge Retired Justice Clemence Honyenuga refer the matter to Chief Justice Anin Yeboah. It was the case of the prosecution that the judge had an “extremely limited time” to conclude the case.
It will be recalled that Justice Honyenuga was granted a six-month extension by the CJ following his retirement on September 4, 2022, to conclude the case.
Ruling on the request by the prosecution, the presiding judge admits that it would be impossible for him to conclude the case.
“It is crystal clear that it is impossible for me to conclude and determine this case, in the circumstance, I will uphold the submission of the Attorney General under Section 105 of the Court Act, 1993, Act 459. I must state that it is refreshing that the AG who initiated the Criminal proceedings against the accused persons has submitted through the Deputy Attorney General that this case is referred to the Chief Justice due to the limited time at my disposal.
“Indeed, due to the limited time accorded me by the Chief Justice, it is clear that it is impossible for me to conclude this case with DW7 [Defence Witness 7] in the box. It is hereby ordered that the pendency of this case be reported to the Chief Justice for his direction. Accordingly, the Registrar of this court is to carry out this order forthwith,” the judge said.
He subsequently adjourned the case to March 15, 2023.
Retired Justice Honyenuga has been at the receiving end of several recusal applications since the trial started in May 2018.
The duo who have been accused of causing financial loss to the state have attempted to remove the judge from the case for several reasons. On one hand, they accuse him of being biased and the latest application asked that he prohibit himself on the ground that he has reached the statutory retirement age of 70.
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 allegations that they were engaged in illegalities in fertilizer transactions, making the Attorney-General drag them to court in March 2018.
Agongo is alleged to have used fraudulent means to sell substandard fertilizer 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 fertilizers to cocoa farmers.
The two have denied any wrongdoing, pleaded not guilty to all the charges against them, and are currently on a GH¢300,000 self-recognizance bail each.
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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 “endeavoring 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”.