Opuni case: Justice Honyenuga not given any car to jail accused-AMJG

The Association of Magistrates and Judges, Ghana has dispelled and refuted the allegation that Justice Clemence Honyenugah has been given two cars by the President to influence him to jail Dr. Stephen Opuni and other.

President of the Association, Justice Henry Kwofie noted that they have taken notice of allegations on social media to the effect that Clemence Honyenugah, JSC has received two vehicles from President Akufo-Addo to influence him to jail Dr.Stephen Opuni, former CEO of COCOBOD.

He thus described the allegation as malicious and false.

“The Association of Judges and Magistrates have noted with concern, malicious allegation on various social media platforms against certain judges specifically, Justice Clemence Honyenuga, Justice of the Supreme Court. The accusations, which we find very scandalous are to the effect that Justice Honyenuga has been given two brand new; one SUV and one Saloon car by the President of the Republic through his Lordship the Chief Justice of Ghana for the purpose of getting Justice HOnyenuga to jail two persons namely; Dr. Opuni and Seidu Agongo, accused persons in a case being tried by Justice Honyenuga as additional High Court Judge.

“The Association would not ordinarily have commented but we find this allegation against Justice Honyenuga and the Judiciary as a whole as an attempt to create disaffection against the said Judge and the Judiciary as a whole,” he noted.

Justice Clemence Honyenuga is sitting as an additional High Court Judge in a criminal case involving the former CEO of COCOBOD and one Seidu Agongo.

In July 2021, Dr. Opuni’s lawyers filed an application at the Supreme Court asking that it restrains Justice Honyenuga from hearing the matter.

He alleged that his right to be heard fairly had been breached by the Judge aside from a demonstration of bias. The allegations flowed from Justice Honyenuga’s ruling on a submission of no case application.

Dr Opuni’s lawyers contended that the judge committed an error of law when he rejected some documents submitted as evidence. These are witness statements said to have been obtained by the state during investigations.

One was that of the Head of the Cocoa Research Institute denying being coerced to do his work. A procurement officer is said to have given a statement which Dr Opuni says exonerated him of any breaches of the procurement law.

Another statement is said to have indicated that the fertilizer at the center of the controversy was effective in increasing the yield of cocoa farms.

Dr Opuni’s lawyers said these statements were withheld by state prosecutors and only made available when they applied for them.

On July 28, 2021, the Supreme Court stopped Justice Clemence Honyenugah from hearing the Opuni case in a 3: 2 ruling. 

The Attorney General, therefore, filed a review motion at the Supreme Court for the reinstatement of Justice Honyenuga.

He indicated that the decision of the highest Court of the land that removed Justice Honyenuga contained fundamental errors of law which had manifestly resulted in miscarriage of justice.

The AG also indicated that the Judge’s exclusion of the witness statements, if proven to be true, could not have been a basis for the court’s conclusion since the Judge applied the law as interpreted by the Supreme Court in various cases.

The decision to restrain the Judge, the AG said was unfair in that the case would be entrusted to an entirely new judge who has not had the benefits of the full trial, including assessing and observing the demeanor of witnesses. He, therefore, wants this decision reviewed and set aside.

On October 26, 2021, the Supreme Court upheld the motion for review filed by the Attorney General, Godfred Dame.

In a ruling by Dotse JSC, the Supreme Court review panel by a 4-3 majority indicated that claims of bias against Justice Clemence Honyenuga made by Dr.Stephen Opuni, former CEO of COCOBOD were unfounded thereby overturning the court’s earlier decision.

Therefore, Justice Clemence Honyenuga JSC, sitting as an additional High Court judge will continue to preside over the criminal trial involving Dr.Stephen Opuni, former COCOBOD CEO, and others.