Opuni trial: Justice Honyenuga upholds AG’s submission for a new judge
In his ruling, he admitted that due to the limited extended time accorded him by the Chief Justice, it will be impossible for him to conclude hearing the case and thus upheld an earlier submission by the Deputy AG
Retired Justice of the Supreme Court sitting as additional High Court judge on the case against former COCOBOD CEO, Dr. Stephen Opuni and Seidu Agongo, has upheld a submission by the AG for the appointment of a new trial judge.
In his ruling, he admitted that due to the limited extended time accorded him by the Chief Justice, it will be impossible for him to conclude hearing the case and thus upheld an earlier submission by the Deputy AG, Alfred Tuah -Yeboah.
On the last sitting of the court, Mr. Tuah Yeboah, without any prejudice, called on the trial judge to refer the matter to the Chief Justice for the reconstitution of the panel in the interest of justice and fairness.
This request came barely ten(10) days before the expiration of an extension given to the retired Supreme Court by the Chief Justice.
Subsequently, when the case was called on March 1, 2023, Justice Clemence Honyenuga in his ruling, noted also that; “In the circumstances, I will uphold the submission of the deputy attorney general and hereby grant the application under Section 105 of the Court’s Act 1993 Act 459 as amended.”
Additionally, he ordered the Registrar of the court to ensure that the pendency of the case is reported to the Chief Justice.
The case has meanwhile been adjourned to March 15, 2023.
Opuni’s application against retired Honyenuga(JSC)
On Monday, November 14, 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.
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.
Subsequently, Dr. Opuni filed a motion to set aside the above ruling but failed again on this score.
Supreme Court
Following this, the former COCOBOD CEO went to the apex court to challenge the decision of the trial High Court relative to the constitutionality of the sitting of retired Justice Honyenuga on the financial loss case against him and another.
However, the ordinary bench of the court on January 24, dismissed the application.
Owing to the above, he filed a review against this decision. Moving the review motion, 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.
Background
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.
