Opuni files fresh application against HC ruling, seeks interpretation at SC
On Monday, the court 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.
The former CEO of COCOBOD, Dr. Stephen Opuni has filed a fresh application seeking to set aside a Monday ruling of the High Court which gave Justice Honyenuga the green light to continue to preside on his case despite going on retirement.
He is therefore asking for the proceedings at the High Court to be stayed and the crux of his previous application thus Articles 139(1c) and 145(4) relative to the CJ’s extension of Justice Honyenuga’s tenure, referred to the Supreme Court.
On Monday, the court 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.
Moving the motion, counsel for Dr. Opuni deemed the exercise of the Chief Justice’s discretionary powers in the above as unconstitutional as done per Article 144(11).
According to him, such powers relative to the extension of tenure of Supreme Court Justices do not fall under the remit of the Chief Justice powers because he is not the appointing authority rather it is only the president who can exercise such powers.
However, the other parties, thus the state and counsel for Seidu Agongo are yet to be served with the new application.
As a result, the court has adjourned the case to November 23 for the parties to be duly served.
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.
