A former COCOBOD boss Stephen Opuni has once again failed in his attempt to halt the trial in which he has been accused of causing over GH¢217 million financial loss to the state.
The former Chief Executive Officer is standing trial with businessman Seidu Agongo at the Accra High Court on some 27 charges, including defrauding by false pretences, money laundering and engaging in illegalities leading to the distribution of sub-standard fertilisers to cocoa farmers.
Mr Opuni had filed an application for a stay of proceedings pending the determination of a review judgement delivered by the trial judge retired Justice Clemence Honyenuga.
Retired Justice Honyenuga in an earlier judgement seeking to remove him as the presiding judge said he would continue to hear the trial of former COCOBOD boss Stephen Opuni, despite retiring two months ago.
According to the judge, the Chief Justice, as the administrative head of the judiciary, has the power under the constitution to grant an extension to a retiring judge.
He explained that the extension was granted long before the date of retirement.
It was for this reason that the legal team of the former COCOBOD boss filed for a review of the judgement and a stay of proceedings until the matter had been determined by the apex court.
But the court dismissed the application for a stay of proceedings.
In his ruling, Justice Honyenuga said there was no special or exceptional circumstance demonstrated by the applicant in the instant case.
The judge maintained that what the applicant had been complaining about had already been dealt with by the Supreme Court through interpretation.
He said his earlier ruling only affirmed and applied what the Supreme Court had already interpreted.
“The appeal has no chance as the articles complained of have already been interpreted by the Supreme Court. The applicant has not urged any special or exceptional circumstances to enable this court stay proceedings. The application is dismissed as a calculated attempt to further delay this trial,” the court held.
Arguments prior to the judgement
Moving the motion for stay, counsel for the accused Samuel Codjoe maintained the view that by virtue of Articles 144(2) and 297 of the 1992 Constitution, it is only the President who appoints Superior Court judges and it is only the President who has the implied power under Article 297 to extend the tenure of Justice Clemence Honyenuga, a retired Supreme Court judge after his tenure had constitutionally come to an end under Article 145.
State prosecution however disagreed.
Chief State Attorney Evelyn Keelson argued that the decision of the trial court to dismiss the motion asking the judge to step down because he had retired, was right in law and in accordance with the constitution.
“This honourable court in that decision judiciously applied the provisions of the constitution which are very clear, precise and unambiguous as required by law,” she indicated.
Meanwhile, the case has been adjourned to December 21, 2022.
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.
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”.