Open your defence-Appeals Court to Opuni, Agongo
The two are on trial at the High Court for causing financial loss to the state to the tune of over GH¢217 million.
Repeat applications for stay of proceedings filed by the former Chief Executive officer of the COCOBOD, Dr. Stephen Opuni and Seidu Agondo, a private businessman and owner of Agricult Ghana Limited have been dismissed by the Appeals Court.
The two are on trial at the High Court for causing financial loss to the state to the tune of over GH¢217 million.
Background
Dr. Opuni and Seidu Agongo filed separate applications at the Appeals Court seeking the court to halt their trial at the High Court pending the determination of an appeal they have made against the decision of the High Court, presided by Justice Honyenuga to dismiss their applications for submission of no case.
A three-member panel of the appellate court, presided by Justice Henry Anthony Kwofie held in its ruling that the two were unable to raise exceptional circumstances to warrant a stay of proceedings relative to their trial at the High Court.
Lawyers for the two went to the appeals court to challenge the high court’s order and subsequently applied for a stay of proceedings after the high court ordered them to open their defence in the case after dismissing their applications for submission of no case.
Basing on the Ekow Russel versus Republic case as decided by the Supreme Court, counsel for Dr Opuni, Samuel Codjoe argued that the high court erred in its decision to reject about 18 exhibits tendered by the defence through prosecution witnesses.
Counsel for Seidu Agongo, Nutifafa Nutsukpui emphasized the above point by counsel that the exhibits that were rejected were all tendered according to the Supreme Court in the Edward Nasser case and without objection.
However, the prosecution led by Mrs Evelyn Keelson, a Chief State Attorney, opposed the application and argued that the applicants failed woefully to establish the exceptional circumstances for granting the stay of proceedings.
She added that the said exhibits are hearsay statements and cited sections 117 and 118 of the Evidence Act to buttress her argument.
The appeals court in its ruling dismissed the application and ordered Dr Opuni and Seidu Agongo to open their defence at the High Court.
They again filed a repeat application for stay of proceedings at the Appeals Court pending the determination of the substantive appeal.
The Appeals Court however dismissed both applications stating the applicants’ inability to raise any exceptional circumstances.
They were then ordered by the Court to pursue the appeal because no injustice will be occasioned if the trial at the High Court continued.
Dr. Opuni will therefore have to open his defence on June 18, 2021, per the orders of the High Court.
