Opuni’s Criminal trial: High Court dismisses motion for stay of proceedings
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.
An Accra High Court, (Criminal Division) has dismissed a motion by former COCOBOD Chief Executive, Dr.Stephen Kwabena Opuni to stay proceedings pending an interlocutory appeal at the Court of Appeal.
The interlocutory appeal filed at the Court of Appeal is against the High Court’s decision which ordered Dr. Opuni to call his witnesses out of turn.
It was the argument of counsel for the former COCOBOD Chief Executive, Samuel Codjoe, that the court was wrong when it asked his client to call his witnesses out of turn.
He again argued that same was not imposed on the prosecution when it was conducting its case, and thus his client’s right to a fair trial would be breached if he’s ordered to call witnesses out of turn.
“There were instances where this court adjourned the case to enable their witnesses (referring to the prosecution) who were not present in court to appear before the court. We, therefore, pray accordingly and we rely on the case of J.H Mensah Vrs A-G which is reported in 1996/7 Supreme Court of Ghana Law report,” he added.
Mr. Codjoe’s arguments were opposed by Principal State Attorney, Stella Ohene Appiah, who stated that the accused demonstrated no exceptional circumstance for the grant of stay of proceedings.
Justice Clemence Honyenugah, a Supreme Court Justice, sitting as an additional High Court Judge while dismissing the application, said no exceptional circumstance had been demonstrated by Dr. Opuni’s counsel for the grant of stay of proceedings.
“Looking at the grounds of appeal, I do not think that it has any chance of success. No exceptional circumstances have been urged to warrant this court to exercise its discretion in favour of the applicant which will further delay the four-year-old case. In the circumstances, the application is dismissed,” the trial judge said.
He added that the court never breached Dr. Opuni’s right to a fair hearing in ordering him to call witnesses out of turn.
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 false pretense, contravention of procurement laws, corruption of a public officer, and money laundering.
