A former COCOBOD boss, Dr Stephen Kwabena Opuni, accused of causing financial loss to the state, has once again failed in his attempt to remove Supreme Court Justice Clemence Honyenuga from presiding over the ongoing COCOBOD trial.
The new application, which is the latest in a series of attempts by the former COCOBOD boss to prevent Justice Honyenuga from presiding over the case, was dismissed by a five-member panel of the Supreme Court on Tuesday, 22 February 2022.
The recusal application sought to suggest that the trial judge has been biased and hostile towards the former COCOBOD boss in the course of the trial.
Dr Opuni argues that Justice Honyenuga had said in open court that the evidence of his defence witness could not exonerate him except his own evidence.
Against this background, Dr Opuni filed a certiorari application before the apex court, urging it to quash a decision by Justice Honyenuga not to recuse himself and an application for prohibition to restrain the judge. But the apex court turned down his request.
“We do not find any likelihood of bias by the judge for which reason we ought to prohibit him. The application is dismissed,” the court held.
The court also said that the records of proceedings available to it from the trial court did not reflect any personal interests of the trial judge against the applicant.
The 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.
With the latest decision of the apex court, Justice Clemence Honyenuga will continue the trial as the presiding judge at the Accra High Court.
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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”.