The Supreme Court has ruled that the criminal trial of former COCOBOD CEO, Dr. Stephen Opuni, must continue from where it was left by retired Justice Clemence Jackson Honyenuga.
This decision, delivered unanimously on Wednesday, June 19, 2024, dismisses Dr. Opuni’s appeal and upholds the earlier ruling by the Court of Appeal.
Justice Kwasi Anokye Gyimah, who succeeded Justice Honyenuga post-retirement, had initially ordered a retrial, citing allegations of unfairness in the previous proceedings.
Disagreeing, the Attorney-General appealed to the Court of Appeal, which overturned the High Court’s decision and directed that the trial should continue from Justice Honyenuga’s last point.
Dr. Opuni’s legal team counter-appealed to the Supreme Court, challenging this decision. However, the Supreme Court, led by Chief Justice Gertrude Torkonoo, dismissed the appeal, affirming the Court of Appeal’s directive.
Consequently, the trial will proceed at the High Court, where the second accused, Seidu Agongo, has already begun his defence. The upcoming sessions will see Agongo’s fifth witness return for cross-examination.
Dr. Opuni and businessman Seidu Agongo were charged in March 2018, accused of causing a financial loss of over GH¢271 million to the state through questionable fertilizer deals during Opuni’s tenure at COCOBOD.
Both have pleaded not guilty to all 24 charges.
The trial, which has been ongoing for five years, was initially overseen by Justice Clemence Honyenuga until his retirement in March 2023.
Following his retirement, Chief Justice Gertrude Torkonoo appointed Justice Kwasi Anokye Gyimah to take over. On April 4, 2023, Justice Gyimah ruled the trial to restart due to allegations concerning the previous proceedings.
The Attorney-General’s successful appeal to the Court of Appeal led to a directive for the trial to continue from where it had left off.
Dr. Opuni’s subsequent appeal to the Supreme Court has now been dismissed, ensuring that the case proceeds based on prior proceedings.