Opuni case: Supreme Court to rule on review application against Justice Honyenuga Feb 22
It is the case of Dr. Opuni that it is the president but not the Chief Justice who is empowered by the constitution to give such an extension and thus seeking a declaration that the extension is unconstitutional.
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The Supreme Court has deferred the ruling of a review application filed by former Chief Executive of the COCOBOD, Dr. Stephen Opuni against the constitutionality of the sitting of retired Justice Honyenuga on the financial loss case against him and another.
The ordinary bench of the court had on January 24, dismissed an application filed in this regard premised on Articles 139(1c) and 145(4) of the 1992 Constitution.
On Monday, November 14, the High court(Criminal Division) presided over by retired Justice Honyenuga dismissed an application filed by Dr. Stephen Opuni which sought to restrain him from continuing to preside on his case despite his retirement.
Justice Clemence Honyenuga has been sitting for over four years as an additional High Court Judge overseeing the case between the Republic against Dr. Stephen Opuni and Seidu Agongo prior to his retirement.
Therefore pursuant to Article 145 of the 1992 Constitution, the Chief Justice of the Republic gave Justice Honyenuga six months per the powers bestowed on him under Article 139(1) (c ) extension to enable him to continue to preside on the case.
It is however the case of Dr. Opuni that it is the president but not the Chief Justice who is empowered by the constitution to give such an extension and thus seeking a declaration that the extension is unconstitutional.
Speaking in court on Wednesday, the lawyer for Opuni, Samuel Kudjo, noted among others that the ordinary bench erred when it held per Ex parte Daniel on page 13 of its ruling that the Chief Justice has the power to extend the tenure of a judge who has retired.
However on its part, Principal State Attorney, Evelyn Kilson noted that the applicant had failed to cite exceptional circumstances warranting the grant of the review motion.
She also noted that the case being made by the applicant is the same as was dismissed by the ordinary panel and above all is fraught with repetitions and thus impressed on the court to dismiss the review application.
The seven-member panel, presided over by Justice Jones Dotse thus adjourned to February 22 for the ruling.
Other members of the panel were Justice Lovelace, Justice Kulendi, Justice M. Owusu, Justice Torkonoo, Justice Mensa-Bonsu, and Justice Ackah-Yensu.
Dr. Opuni and Agongo, the CEO of Agricult Ghana Limited, are on trial for allegedly engaging in illegalities in a series of fertilizer transactions which the Attorney-General (A-G) says caused a financial loss of GH¢271.3 million to the state.
They were dragged to court by the A-G in March 2018 on 27 charges, including willfully causing financial loss to the state, defrauding by pretense, contravention of procurement laws, corruption of a public officer, and money laundering.
