The Supreme Court has by a unanimous decision affirmed a Court of Appeal decision to continue the criminal trial of former COCOBOD CEO, Stephen Opuni from where Justice Clemence Jackson Hornyenugah left off.

Justice Kwasi Anokye Gyimah, who was assigned to the case when Justice Hornyenugah retired, ruled for the case to start from scratch, arguing that the records as he found, had been tainted because of allegations of unfairness against the previous judge.

The Attorney-General thought otherwise and thus appealed the decision at the Court of Appeal which reversed the High Court's decision and asked that the case continue from where Justice Horneynugah left off.

Lawyers of Stephen Opuni filed a counter-appeal at the Supreme Court challenging the decision of the Court of Appeal.

Subsequently, the Supreme Court presided over by Chief Justice Gertrude Torkonoo on Wednesday, June 19 in a unanimous decision, dismissed the appeal and validated the decision of the Court of Appeal.

With this Supreme Court ruling, the case will continue at the High Court where the second accused, Seidu Agongo has opened his defence.

At the next proceeding, Seidu Agongo's fifth witness will return to the witness box to be cross-examined.

Background 

Dr Opuni and businessman, Seidu Agongo, were charged in March 2018, for allegedly causing a financial loss of more than GH¢271 million to the state in a series of fertiliser deals during his tenure at COCOBOD.

The accused persons have pleaded not guilty to all the 24 charges. After five years of trial, the presiding judge, Justice Clemence Honyenuga, a Justice of the Supreme Court, with additional responsibility as a High Court judge, retired in March 2023.

The Chief Justice then appointed a new judge, Justice Kwasi Anokye Gyimah, to preside over the case. With the new development, the prosecution filed an application, urging the High Court to adopt the previous proceedings of the case before Justice Honyenuga, which had been ongoing for five years.

However, in a ruling on April 4, 2023, Justice Gyimah said the trial must start afresh because it would be unfair for him to adopt the proceedings of Justice Honyenuga, which had been “saddled” with numerous allegations.

That decision was overturned by the Court of Appeal following an appeal by the Attorney-General. Dr Opuni then appealed against the ruling of the Court of Appeal at the Supreme Court.