The prosecution handling the trial of Dr. Stephen Opuni, a former CEO of COCOBOD, and businessman Seidu Agongo, has requested a new trial judge be appointed for the case. The current trial judge, Justice Clemence Honyenuga, had been hearing the case since 2018 and was granted a six-month extension by the Chief Justice following his retirement in September 2022.
The extension is set to expire at the end of February 2023. The Deputy Attorney-General, Alfred Tuah-Yeboah, made the plea for a new trial judge on Thursday, stating that it is in the interest of justice and fairness.
Opuni and Agongo are facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the state, money laundering, and corruption by a public officer in contravention of the Public Procurement Act.
Both have pleaded not guilty and are each on GH¢300,000.00 self-recognizance bail. The prosecution is aware of the motion on notice for the recusal of the trial judge from further hearing the matter.
Tuah-Yeboah explained that the time left for the trial judge’s mandate to expire was extremely limited, and Agongo was yet to open his defense in the matter, making it impossible for the case to be concluded.
Counsel for Opuni, Samuel Cudjoe, had nothing to say, while Counsel for Agongo, Nutifafa Nutsukpui, commended the Deputy Attorney-General for the suggestion.
Justice Clemence Jackson Honyenuga, who informed the parties of the Supreme Court’s 7-0 unanimous decision on February 22, 2023, dismissed the review application to prohibit certiorari for perpetual injunction filed by Dr. Opuni. He adjourned the matter and said he would await the decision of the Supreme Court, scheduled to be filed at the Registry of the Supreme Court on or by the close of Tuesday, February 28, 2023.
The judge adjourned the case to Wednesday, March 1, 2023, to hear the full reasons of the Supreme Court. Initially, an Accra High Court was supposed to hear a motion on notice filed by Seidu Agongo for the withdrawal of the trial judge from further hearing the matter.
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