The Attorney-General and Minister for Justice, Godfred Yeboah Dame has described the High Court judge’s decision to restart the trial of Stephen Opuni, the former Chief Executive Officer (CEO) of the Ghana Cocoa Board (COCOBOD) as “backward and improper.”
According to him, that would have amounted the submission of evidence twice.
In an interview with the media on Monday after the Court of Appeal ruled that the trial should proceed from where it was truncated, the A-G commended the decision of the court.
“I think that it is actually backward with all respect for a trial which has advanced to this stage for an order to be made that we should start de novo.”
“It will amount to giving the evidence twice, it will amount to giving parties of the matter a second bite of the cherry, and I think that it is improper,” Mr Dame told the media on Monday, July 3.
The Court of Appeal has in a unanimous decision ruled that the High Court got it wrong when it indicated that it will no longer rely on its records gathered since 2017.
The new Judge, Justice Kwasi Anokye Gyimah had indicated it would be unfair for him to adopt a proceeding that was “saddled” with numerous allegations.
The Attorney General was directed to file all evidence to be used in the trial once again.
The AG, however took the matter to the Court of Appeal, urging it to set aside this decision.
He argued that the Judge considered matters which were not relevant to reach this conclusion.
The Court of Appeal unanimously agreed with this position.
“We are persuaded the lower court misdirected itself and came to a wrong conclusion on the case. The decision of the High Court is referred to this court and Appeal is allowed in its entirety.
“The application for the judge to adopt previous proceedings is granted. The proceedings of the previous court presided over by Justice Honyenuga are to be adopted by the high court differently constituted. The registrar is ordered accordingly.”
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