By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    Jimi reclamation: AGI awaits EPA permit to begin works – Oheneba Nana Kwaku Duah
    October 14, 2026
    The Asantehene calls for renewed national focus on agriculture and youth involvement in farming.
    Jimi reclamation: Otumfuo warns galamsey could endanger health, future generations
    October 14, 2026
    EPA orders immediate halt to all reclamation and restoration activities without approval
    October 14, 2026
    Jimi reclamation: We want to restore soil health before planting food crops – Oheneba Nana Kwaku Duah
    October 14, 2026
    Foreign Affairs Ministry has procured 20 pick-ups for Passport Centres – Ablakwa
    October 14, 2026
  • Business
    BusinessShow More
    BoG Governor urges IMF to boost Africa’s AI and digital capabilities
    October 14, 2026
    BoG engages Bono East stakeholders on financial literacy and stability
    October 14, 2026
    Narawa Company Limited demands immediate intervention over armed takeover and alleged illegal mining on Fanteakwa concession
    October 14, 2026
    IGNITE targets African expansion with technology-driven wellness products and e-commerce model
    October 14, 2026
    GRA dismisses claims of additional 20% tax under new digital VAT system
    October 14, 2026
  • Politics
    PoliticsShow More
    NDC internal elections: Mahdi Gibril defends ‘high’ filing fees, cites logistical costs 
    October 14, 2026
    EC appointment controversy is about institutional integrity, not 2028 election fears – Issah Mohammed
    October 14, 2026
    Court throws out Afenyo-Markin’s GH¢15M defamation suit against Sammy Gyamfi, declares action defective
    October 14, 2026
    Mahama appeals to chiefs to support anti-galamsey fight amid deadly clashes
    October 14, 2026
    2027 Budget: Govt commits GH¢400m to boost anti-galamsey fight – Mahama
    October 14, 2026
  • Entertainment
    EntertainmentShow More
    Working alone is scary, but my fans keep me going – Larruso
    October 14, 2026
    My former manager blocked my Akon deal – Larruso
    October 13, 2026
    Edem to host Volta Region episodes of Revealed: The New Era 2.0
    October 13, 2026
    Dr Likee signs ambassadorial deal with EBA Motors
    October 12, 2026
    Social media didn’t create people, it exposed them – Okyeame Kwame
    October 12, 2026
  • Sports
    SportsShow More
    World Cup travel slots were sold, not fairly allocated – Jamaludeen Abdullah
    October 9, 2026
    I was not involved in World Cup Visa sales – Maame Efua Houadjeto
    October 9, 2026
    We did not collect money for World Cup visa opportunities – GTA
    October 9, 2026
    Youth and Sports Committee commends NYA CEO over Azumah Nelson Sports Complex revival
    October 8, 2026
    Minority demands removal of Kofi Adams, GTA boss over World Cup visa ‘scandal’
    October 7, 2026
  • Technology
    TechnologyShow More
    BoG Governor urges IMF to boost Africa’s AI and digital capabilities
    October 14, 2026
    One Million Coders Programme to create 100,000 digital jobs – Sam George
    October 13, 2026
    Yellow Card named Diamond finalist at the 2026 Money Awards
    October 1, 2026
    Samsung Galaxy Watch: A Healthier Heart Starts at Your Wrist
    October 1, 2026
    Samsung unveils Galaxy Tab S12 series ahead of Ghana launch
    October 1, 2026
  • International
    InternationalShow More
    German Ambassador calls for people-centred coastal protection in Volta Region
    October 14, 2026
    Ghana seeks value-addition partnerships at Second Russia-Africa Raw Materials Dialogue
    October 14, 2026
    FBI: $17bn seized, $670m in potential losses prevented under Operation Blackout
    October 12, 2026
    Ghana, Czech Republic explore deeper defence and security cooperation
    October 8, 2026
    Messi’s Final Dance: A Legend Bows Out in Blue and White
    October 7, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: COCOBOD trial: Adopting previous proceedings or not is at judge’s discretion – A-G
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
GeneralHeadlines

COCOBOD trial: Adopting previous proceedings or not is at judge’s discretion – A-G

Starrfm.com.gh By Starrfm.com.gh Published July 15, 2023
Share
SHARE

The Attorney-General and Minister of Justice, Godfred Yeboah Dame has stated that it is the sole prerogative of a trial judge to decide whether to adopt previous proceedings or not.

According to him, “The true position of the law, is actually up to the trial judge to make that determination. The trial judge makes that determination based on factors that he considers necessary.”

Mr. Dame made these remarks while speaking to journalists after securing a favourable decision, early this month, at the Court of Appeal that overturned a High Court’s ruling directing that the trial of former COCOBOD boss and two others should start afresh.

He however pointed out that parties are also at a liberty to challenge the decision of the judge when they are aggrieved.

The former COCOBOD Chief Executive, Dr. Stephen Opuni and businessman Seidu Agongo as well as Agricult Ghana Limited, are facing 27 charges, including willfully causing financial loss to the state and contravention of the Public Procurement Act in the purchase of Lithovit liquid fertiliser between 2014 and 2016.

They have all pleaded not guilty and are on bail.

The case was initially transferred to Justice Kwasi Anokye Gyimah following the retirement of former Supreme Court judge, Justice Clemence Honyenuga.

And in his first major activity, the judge declined the prosecution’s to adopt the proceedings of Justice Honyenuga, a Justice of the Supreme Court now retired.

“If I adopt the proceedings, I am basically adopting every act and decision that has been taken by the previous judge in the matter and I will be saddled with the same suspicions and allegations of unfairness that have been levelled against the current state of the proceedings,” he said in his ruling on April 4, 2023.

Justice Gyimah also made reference to section 80(2) (a) of NRCD 323, which states that one of the factors a court is enjoined to look at when assessing the credibility of a witness is the witness’ demeanour.

“Much as that may be the right position, in a criminal trial where the liberty of the accused is at stake and where the accused is by law presumed innocent and also entitled to a fair trial, any factor, however minimal or insignificant its effect, that will enhance the opportunities for the fair trial of an accused person should not be overlooked by the court.”

Justice Kwasi Gyimah has since been transferred from Accra to Kumasi after sitting on the case for only four times, and the matter had since been handed over to Justice Aboagye Tandoh to continue.

According to Godfred Dame, the decision by the High Court judge to restart the case was retrogressive.

“It is actually a little bit backward, with all respect, for a trial which has advanced to this stage for an order to be made to start de novo (afresh). It amounts to giving the evidence twice,” he asserted.

His description of Justice Gyimah’s decision being backward has baffled some legal minds who pitched the Opuni trial with the criminal trial of Gregory Afoko where the Attorney General after terminating the first trial (Nolle Prosequi) that had neared completion, started all over again.

Meanwhile, the Attorney-General has maintained that it was wrong for people to think that it is only in civil cases that proceedings are adopted, noting that there are several cases in which criminal proceedings have been adopted.

“The true position of the law, is actually up to the trial judge to make that determination. The trial judge makes that determination based on factors that he considers necessary.

“Any if the parties are aggrieved by the exercise of that discretion, the party is entitled to launch an appeal, which we did and we felt that the matters that were relied upon by the trial judge were, with all respect to him, quite irrelevant. And therefore, the proper thing to do, which is actually the most progressive step in the circumstances calls for the evidence to be adopted and for us we won.”

A-G’s argument in 2021

The Attorney-General’s current position is in sharp contrast to what he told the Supreme Court in 2021, in which he succeeded in getting the court to review its earlier decision which went in favour of the accused when the court barred now retired Justice Honyenuga from continuing the trial.

“We respectfully submit that the order prohibiting the trial judge will work substantial miscarriage of justice in the trial of the accused person. The decision has the effect of placing the case in the hands of a judge who has not had the benefit of the entire trial, observing the demeanour and composure of the various witnesses called by the prosecution in order to assess their credibility.

“It is our contention that, regardless of the course to be adopted by a new judge to whom hearing of the matter is entrusted, the further conduct of the case will suffer,” the statement of claim filed by the Attorney-General Godfred Dame himself dated August 18, 2021 posited.

He further stated, “If the new judge orders an adoption of the evidence led so far rather than a commencement ‘de novo’, he would definitely have lost the benefits of the conduct of a full trial by him, – observation of the demeanour, countenance and composure of witnesses, etc.”

He therefore justified in that statement that it was “fundamentally wrong for this Court to prohibit the trial judge from further hearing of a case when all he did was to perform a duty placed on him by law”.

Supreme Court’s position in 2023
Writing a decision of the Supreme Court in the Republic vrs High Court (Criminal Division) exparte Stephen Kwabena Opuni on January 24, 2023, Justice Dotse stated:

“The Supreme Court did not mention its application to the criminal cases. There is also no specific legal provision on whether part heard trials must start de novo or be adopted by the new Judge. The practice for now is that, in criminal trials, the practice is to start trials de novo.

“Perhaps the time has come for this problem to be reviewed, This is because, if as a country we are to make some progress in the prosecution of criminal cases, especially corruption related cases pursuant to the Article 19 provisions of the Constitution 1992, then the bold step has to be taken to introduce sweeping reforms in this part of our criminal justice. We therefore appeal to the Chief Justice to urgently consider reforms in this part of our criminal justice.”

Legal Reforms

After securing the favourable judgement from the Court of Appeal on July 3, 2023 quashing the de novo trial, Mr Dame announced his decision to get Parliament to approve a new Bill for judges to adopt proceedings in criminal trials in the event that another judge is unable to conclude a matter before him or her.

Source: Ghana/Starrfm.com.gh/103.5FM

You Might Also Like

Jimi reclamation: AGI awaits EPA permit to begin works – Oheneba Nana Kwaku Duah

Jimi reclamation: Otumfuo warns galamsey could endanger health, future generations

EPA orders immediate halt to all reclamation and restoration activities without approval

Jimi reclamation: We want to restore soil health before planting food crops – Oheneba Nana Kwaku Duah

Foreign Affairs Ministry has procured 20 pick-ups for Passport Centres – Ablakwa

TAGGED:COCOBOD Trial
Share This Article
Facebook Twitter Email Print
Share
Previous Article FOSDA holds interface meeting between CSOs, NACSA
Next Article Ajumako NPP Coordinators back Dr. Rasheed Kwesi Etuaful to unseat Ato Forson

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?