Removal of Justice Honyenuga: SC dismisses Opuni’s latest application
Dr. Stephen Opuni has accused Justice Honyenuga, a Supreme Court Justice sitting as an additional High Court Judge of bias.
The Supreme Court of Ghana has declined another attempt by the former CEO for COCOBOD, Dr. Stephen Opuni to remove Justice Honyenugah from sitting on his case.
Dr. Stephen Opuni has accused Justice Honyenuga, a Supreme Court Justice sitting as an additional High Court Judge of bias.
According to him, Justice Honyenuga per a December 9, 2021 comment, had shown bias to him to the effect that he indicated that his(Opuni’s) witnesses could not exonerate him but his evidence.
Consequently, the accused, Dr. Opuni filed a writ at the apex court to get the trial judge off his case.
The five-member panel of the Supreme Court presided over by Justice Prof Nii Ashie Kotey, and consisted of Justices Mariama Owusu, Lovelace Johnson, Gertrude Torkornoo, and Henrietta Mensa-Bonsu, on February 22, 2022, however, held that it did not find any likelihood of bias by the judge thus dismissed the application.
On October 26, 2021, The Supreme Court upheld a motion for review filed by the Attorney General after the same had prayed the apex court to set aside its judgment dated July 28, 2021.
The Attorney General argued that the decision of the highest Court of the land contained fundamental errors of law which have manifestly resulted in miscarriage of justice.
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.
This follows a July 2021 ruling of the Supreme Court ordinary Bench which removed Justice Clemence Honyenuga from the Opuni case as a trial judge after Lawyers for Mr. Opuni had earlier argued that they wanted Justice Honyenuga to recuse himself from the case because he prejudged and determined the guilt of Dr. Opuni even before the accused person mounted the box.
Opuni’s lawyers argued that Justice Honyenuga had voiced his eagerness to dispense off the case, so he could go back to his core duties at the Supreme Court. This according to the lawyers, had been manifested in all the judge’s rulings against Mr. Opuni in the ongoing case.
Background
Dr.Stephen Opuni is standing trial with one Seidu Agongo, over accusations of causing financial loss involving a sum of more than GH¢271.3 million to the state, in a series of fertilizer deals.
The two have however denied any wrongdoing and have pleaded not guilty to all the charges leveled against them.
