Opuni files for review of court’s ruling that maintained judge in COCOBOD trial

Former COCOBOD CEO Dr Stephen Opuni has taken another aim at retired judge Justice Clemence Honyenuga in the ongoing COCOBOD trial.

This time, the former COCOBOD boss, accused of causing over GH¢217 million financial loss to the state, has filed a review application asking the Accra High Court to set aside its decision of dismissing an application that sought to restrain Justice Honyenuga from presiding over the trial.

The team also filed for a stay of proceedings and a referral of Articles 139(1c) and 145(4) to the Supreme Court for interpretation.

It will be recalled that the legal team of the former COCOBOD boss had attempted to restrain the retired Justice Honyenuga from hearing the matter on the ground that he has reached the statutory retirement age of 70.

But retired Justice Honyenuga said he would continue to preside over the trial because the Chief Justice, as the administrative head of the judiciary, had the power under the constitution to grant an extension to a retiring judge.

When the case was called on Wednesday, November 16, Principal State Attorney Stella Ohene Appiah said the prosecution had not been served with the latest application.

She, however, prayed the court to abridge the time and proceed with the case, adding that the prosecution was waiving its right to file an affidavit in opposition to the application.

The state prosecutor indicated that they would reply on the point of law.

But counsel for the second accused in the trial, Nutifafa Nutsukpui, said as parties in the matter, they were entitled to see the application, review it and seek his client’s instructions in respect of the said application.

He, therefore, urged the court to adjourn the case to November 23, 2022, which is the return date fixed by the registry.

After listening to the parties, the trial judge, in his ruling, said that as much as the court would want the matter to be expeditiously dealt with, the case will be adjourned to November 23.

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, pleaded not guilty to all the charges against them, and are currently on a GH¢300,000 self-recognisance bail each.

Read Also: Will the NDC ever forgive Justice Honyenuga

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”.