A former CEO of COCOBOD, Stephen Kwabena Opuni, standing trial for causing financial loss to the state has filed for a review of the ruling preventing him from closing his case.
Counsel for the accused, Samuel Cudjoe, informed the Accra High Court of this development on Monday, May 17, after he told the court his client was unwell.
“My client is not in court today because of a medical issue. My Lord, we have a letter from the University of Ghana Medical Centre evidencing the fact that he has been referred to see another specialist,” he explained.
The prosecution led by Yvonne Atakorah Obuobisah said they had received a copy of a medical report by counsel for the first accused person.
She, however, pointed out that the letter appeared to be vague, leaving barely enough time to advise the court on the next step.
Justice Clemence Honyenugah, the judge for the case, then asked the defence team how long Dr Opuni was expected to be away.
“I am sure by the close of today, they should be able to tell us what is wrong with him,” his lawyer assured.
Justice Honyenugah sided with the defence team and excused Dr Opuni from Monday’s proceedings.
Counsel for the accused persons further indicated that they had filed a notice of appeal for the submission of no case ruling and a motion for stay of proceedings fixed for May 27, 2021.
But the prosecution said it is yet to be served.
At the last adjourned date, the court dismissed an application for submission of no case filed by Dr Opuni for causing financial loss to the state.
The court believed that state prosecution had been able to establish a prima facie case in 24 of the 27 charges against him and businessman Seidu Agongo.
The 24 charges on which the accused persons were ordered to open their defences bordered on willfully causing financial loss to the state, defrauding by false pretence, contravention of procurement laws, corruption of a public officer and manufacturing fertiliser without registration.
The court, however, acquitted and discharged Agongo on three separate counts which relate to money laundering.
“The prosecution did not succeed in establishing a prima facie case against the second accused person (Agongo) in counts 22, 23 and 24. Accordingly, I acquit and discharge the second accused person in respect of count 22, 23 and 24,” the court held in its ruling.
The court ordered Dr Opuni and Alhaji Agongo, who supplied fertilizer to COCOBOD, to prepare their defence for the trial to continue.
Background
In March 2018, the A-G charged the former CEO of COCOBOD, Dr Stephen Opuni and Seidu Agongo, the CEO of Agricult Ghana Limited, for causing financial loss of GH¢271.3 million to the state.
The two have been charged with 27 counts, including allegedly engaging in illegalities leading to the distribution of sub-standard fertilizer to cocoa farmers.
Agongo is alleged to have used fraudulent means to sell sub-standard fertilizer to COCOBOD for onward distribution to cocoa farmers. At the same time, Dr Opuni is accused of facilitating the act by allowing Agongo’s products not to be tested and certified, as required by law.
The two accused persons have pleaded not guilty to all the 27 charges and are currently on a GH¢300,000 self-recognisance bail each.
The case has been adjourned to May 26, 2021.