The case in which the former COCOBOD boss Stephen Opuni and one other have been accused of causing financial loss to the state will not start afresh.
This is because the Court of Appeal, on Monday, July 3, overturned a decision by the High Court to start the trial afresh.
In a unanimous decision, a three-member panel ruled that the High Court erred in stating that it would no longer rely on its records gathered since 2017.
“We are persuaded the lower court misdirected itself and came to a wrong conclusion on the case. The decision of the High Court is referred to this court and Appeal is allowed in its entirety.
“The application for the judge to adopt previous proceedings is granted. The proceedings of the previous court presided over by Justice Honyenuga are to be adopted by the high court differently constituted. The registrar is ordered accordingly,” the panel said.
It will be recalled that the new judge, Justice Kwasi Anokye Gyimah, ruled that the COCOBOD trial should begin afresh to address the concerns raised by the accused persons regarding the fairness of the proceedings.
Justice Gyimah said it would be unfair for him to adopt a proceeding that was saddled with numerous allegations, and subsequently ruled for the trial to start afresh.
The prosecution which was not happy with the High Court’s decision filed an appeal to the Court of Appeal.
They argued that the trial judge had misdirected himself in the application of the principles regarding the adoption of evidence.
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 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 pleaded not guilty to all the charges against them, and are currently on a GH¢300,000 self-recognizance bail each.