New Judge In COCOBOD Trial Turns Down Request To Adopt Honyenuga’s Proceedings
The new judge assigned to the trial of former COCOBOD boss, Stephen Opuni, has turned down a request to adopt the former judge’s proceedings.
The former COCOBOD boss is standing trial with businessman Seidu Agongo for causing a financial loss of more than GH₵271 million to the state.
It will be recalled that the prosecution had put in a request for the new judge Justice Kwasi Anokye Gyimah to adopt proceedings by the former judge, retired Justice Clemence Honyenuga.
The prosecution stressed that starting the trial ‘De Novo’ would amount to an injustice to the state. The defense team, on the other hand, insists that the adoption of retired Justice Honyenuga’s proceedings could be done in civil matters but not in criminal matters.
In its ruling delivered on Tuesday, April 4, Justice Anokye Gyimah, said it would be unfair to adopt a proceeding that is saddled with numerous allegations.
According to the new judge, in order for the court to have first-hand information of the trial and the demeanor of witnesses, the court will have to start the trial ‘De Novo’.
De novo is a Latin term that means “anew,” “from the beginning,” or “afresh.” A trial de novo is a new trial on an entire case, where both questions of fact and issues of law are determined as if there had been no trial in the first instance.
Background
The GH₵271 million alleged financial loss to the state is in respect of their alleged 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 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”.
The case has been adjourned to April 25 for Case Management Conference (CMC).
Also, the parties in the case have been directed to file their witness statements on or before April 21.