Review ruling on the Opuni matter: A travesty of Justice-NDC

The opposition National Democratic Congress has described the review ruling of the Supreme Court on the Dr.Stephen Kwabena Opuni matter as a travesty of Justice.

It has indicated its doubt as to whether the trajectory trial of Dr. Opuni and others would convince the ordinary citizens that justice will be served.

Furthermore, the party is calling on the Attorney General to stop persecuting the accused persons by withdrawing the charges or entering a nolle prosequi.

“It is doubtful whether the trajectory of the trial of Dr. Stephen Kwabena Opuni, Seidu Agongo, and Agricult with its twists and turns would convince the ordinary and well-informed citizen that the ends of justice would be served regardless of the outcome of the case. It is in this regard and without prejudice to the pending criminal trial of the accused persons that we call on the Attorney General and Minister of Justice to stop the persecution of the accused persons by withdrawing the charges or entering a nolle prosequi,” it said.

In a press statement signed by the party’s General Secretary, Johnson Asiedu Nketsia, it noted that many observers welcomed the July 28 decision of the Supreme Court ordinary bench which quashed parts of the ruling of the trial judge as reasonable, sensible, and fair.

However, it indicates that the Attorney General filed a review application seeking a reversal of the ruling of the ordinary bench of the Supreme Court.

“. It was based on the above that the ordinary bench of the Supreme Court on 28th July 2021 quashed parts of the ruling of the trial Judge excluding the 18 exhibits and further prohibited him from hearing the criminal case to protect the accused persons’ right to a fair trial. Many observers welcomed the decision of the ordinary bench, which they considered to be reasonable, sensible, and fair. Definitely, to the ordinary person the action of a Judge who excludes evidence that favours one party and retains on the record similar evidence favourable to another party and in addition, makes such prejudicial and conclusive statements as referenced in paragraph 2 above without having first heard the defence of the accused persons cannot in the ordinary scheme of life and the understanding of reasonable persons be described as keeping the scale of justice on an even keel. 4. However, in a strange move that suggested that the Attorney General is out of step with the reasonable expectations of majority of well-informed Ghanaians who consider public confidence in the judiciary as the bedrock of our democracy, the Attorney General filed a review application seeking a reversal of the ruling of the ordinary bench of the Supreme Court. Of the reasons offered by the Attorney General in seeking a review, the most laughable was his claim that the “the prosecution will be put to enormous expense, inconvenience and hardship in commencing a new trial…” the statement read in part.

Furthermore, it states that an enhanced panel of seven judges, including two additional judges, granted the application of the Republic on 26th October 2021, by a 4 to 3 majority decision, and reversed the ruling of the ordinary bench.

Moreover, the NDC indicates that the above ruling of the enhanced panel was preceded by its drama. Despite the rules of ethics of the Bar that parties to an action must avoid ex-parte communication with judges sitting on matters in which they are involved, the Attorney General and Minister of Justice, Godfred Yeboah Dame paid a visit to Justice Jones Dotse, the presiding Judge in the review application, to “discuss Ghana School of Law matters” on 11th October 2021.

Additionally, it described the Attorney General’s description of the majority ruling of the ordinary bench that ruled in favour of Dr. Stephen Kwabena Opuni as an example of poor judgment which they think would have earned an invitation to the Disciplinary Committee of the GLC if it were uttered by other lawyers.

“. In another example of poor judgment, the Attorney General, after the delivery of the ruling of the review panel, described the majority ruling of the ordinary bench that ruled in favor of Dr. Stephen Kwabena Opuni as “an aberration of justice” and that Dr. Stephen Kwabena Opuni was running away from “Judgment Day”. The question that needs to be asked is whether the Attorney General is privy to the eventual conviction and imprisonment of Dr. Stephen Kwabena Opuni by Justice Clemence Jackson Hoeyenuga on “Judgment Day”. And if we may ask, of all the judges in Ghana, why should Justice Clemence Jackson Hoeyenuga be the only judge to hear the criminal trial involving Dr. Stephen Kwabena Opuni, Seidu Agongo, and Agricult. We in the NDC are confident that if the words uttered by the Attorney General had been said by other lawyers they would have earned an invitation to the Disciplinary Committee of the General Legal Council for breaches of the ethical rules of the Bar,” it indicated.

Also, it indicates that the review majority of the Supreme Court committed an avoidable factual error and described their decision as a travesty of justice which leaves much to be desired.

“It is for the above reasons that, in our respectful view, the decision of the review majority is a travesty of justice and leaves much to be desired. In a criminal trial, in which an accused person faces an all-powerful State, it is crucially important that justice is not only done but is manifestly seen to be done. Unfortunately, that doesn’t appear to be the case in the Opuni matter. Court decisions that have the effect of hindering an accused person’s defence by denying him the use of exhibits in support of his case while allowing the use by the State of similar exhibits obtained and adduced in evidence in similar circumstances sends out only one clear message to citizens: the State has been given an advantage that has been denied the accused persons. In our humble view, any Court decision that produces this effect is flawed and indefensible and “must definitely leave one of the parties apprehensive whether the same law applies equally to all persons as the Constitution and the judicial oath demands,” it noted

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