Former Chief Executive of Ghana Cocoa Board (COCOBOD) Dr. Stephen Kwabena and Businessman Seidu Agongo have appealed at the Supreme Court against the Court of Appeal’s order for adoption of the Proceedings of retired Justice Clemenece Honyenuga for the trial.
On July 3, this month, a three-member of the Court of Appeal presided over by Justice Philip Bright Mensah set aside the orders of the High Court to start the trial afresh (De Novo)
The High Court presided over by Justice Kwasi Anokye Gyimah on April 5, said it would be significant for the court to have firsthand information and observe the demeanor of witnesses for fair trial.
Dissatisfied with the ruling, the Attorney General Godfred Yeboah Dame appealed against the decision and succeeded.
Back to the High Court for the first time on Wednesday July 12 after the Court of Appeal’s ruling, Prosecution led by Mrs Evelyn Keelson notified the Court that the proceedings of Justice Honyenuga are to be adopted as per the order.
“My Lord, following a successful appeal at the (Court of Appeal) against the decision of this honorable court to start the trial of this case De Novo (Afresh), the Court of Appeal has directed that the proceedings in this case as conducted before His Lordship Justice (Clemence) Honyenuga be adopted by this honorable court for the trial of the case to continue,” Mrs Keelson, a Chief State Attorney told the Court.
Counsel for Dr Opuni, Samuel Cudjoe for his part also corroborated prosecution’s that the appeal was allowed but stated that they have since lodged an appeal at the Supreme Court.
“My Lord, the Court of Appeal allowed the appeal as rightly stated by my friend the learned Chief State Attorney.
“What she (Mrs Keelson) didn’t add, however, is that we have appealed the decision to the Supreme Court.
He said, “pending the hearing of the appeal, we are here for directions from your lordship.”
Lawyer Benson Nutsukpui, Counsel for Seidu Agongo and Agricult Ghana Limited said they were in the hands of the court for further directions.
“I believe by now the registrar of the Court of Appeal has furnished this court with the ruling on July 3 and we shall await my lords direction and we will continue from there.
By Court
Justice Tandoh after listening to the parties stated that, “An appeal against the decision of the Court of Appeal is yet to be filed on the docket neither is there any order restraining this court against the hearing of this court from proceedings with the case.”
The court said, “The parties are therefore to apply for the records of proceedings for the same to be adopted for the continuation of this trial.
New judge
Following the transfer of Justice Kwasi Anokye Gyimah to Kumasi, the case has since been assigned to Justice Aboagye Tandoh.
Justice Aboagye Tandoh who becomes the third judge assigned with the case, takes over from Justice Kwasi Anokye Gyimah who also took over from Justice Clemence Honyenuga, a retired Supreme Court judge from the case in March 4, this year after his six month extension to wrap up the case.
Not guilty
Dr Opuni is standing trial with Seidu Agongo, Chief Executive Officer (CEO) of Agricult Ghana Limited, an agro-chemical company.
State prosecutors have accused the two of causing financial loss of more than GH¢271 million to the state in a series of lithovit foliar fertiliser transactions.
It is the case of the prosecution that the fertiliser was substandard, and has accused Agongo of allegedly using fraudulent means to sell the fertiliser to COCOBOD for onward distribution to cocoa farmers.
The prosecution has further accused Dr Opuni of using his position as CEO of COCOBOD (November 2013 to January 2017) to facilitate the alleged acts of Agongo by allowing the lithovit liquid fertiliser not to be tested and certified as required by law.
Dr Opuni and Agongo have pleaded not guilty to the charges, and are on self-recognisance bail in the sum of GH¢300,000 each.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah
