Attorney General, Godfred Dame, has said the ongoing trial of former COCOBOD boss, Stephen Opuni and businessman Seidu Agongo, will become laborious, expensive and may even affect justice efficient delivery if a Supreme Court decision to recuse the first judge presiding over the case, Justice Clemence Honyenuga, is not reviewed.
Stating his case in an affidavit sworn to by a Chief State Attorney for the Supreme Court to review its decision, Mr Dame said there would be a huge miscarriage of justice in pursuing the trial against the accused persons if the decision stands.
“That if a trial de novo of the respondent herein results from the decision of this Court dated 28 July 2021, same will occasion substantial miscarriage of justice as the constitutional requirements of fair and expeditious trial will not only be violated but also, the prosecution will be put to enormous expense, inconvenience and hardship in commencing a new trial,†the Attorney General said in the 23-point affidavit.
On that July 28 referred to by the Attorney General, the Supreme Court barred the High Court judge from hearing the case in which the accused persons are being prosecuted for allegedly causing GHS217 million financial loss to the state in connection with the procurement of fertiliser by COCOBOD.
Among other reasons, the apex court removed Justice Honyenuga for expunging witness statements favourable to the accused persons and ruled that the issues Justice Honyenuga dismissed while hearing the case will be admitted.
Justice Honyenuga was also accused of political bias against the accused persons.
The ruling by the Supreme Court followed an application filed by lawyers for Mr Opuni that the judge was unfit to continue the trial since his private comments aligned with the aspirations of the governing New Patriotic Party (NPP).
But in the affidavit, the Attorney General further argues that “the gross and fundamental errors contained in the decision of the ordinary bench have resulted in a substantial miscarriage of justice and render the fit and proper case for the invocation of this Honourable Court’s review jurisdiction to rectify the errors contained in the decision of the ordinary bench.â€
In that Supreme Court ruling, a 3-2 majority decision granted the request of Dr Opuni.
Justice Gabriel Pwamang wrote the lead judgment and was supported by colleague Justices A.M Dordzie and Tanko Amadu. Justices Jones Dotse and Lovelace Johnson disagreed.
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