The Supreme Court has, in a majority decision, stopped Justice Clemence Honyenuga from continuing with the case in which Dr Stephen Opuni and two others are standing trial at the High Court.
The five-member panel of the apex Court in a three-two majority ruling, prohibited Justice Honyenuga from continuing with the case involving the former Ghana Cocoa Board (COCOBOD) CEO.
Dr Opuni and two others have pleaded not guilty to charges, including causing financial loss to the state, in a matter concerning an alleged fraudulent fertilizer contract worth over GH¢43 million.
The panel of five presided over by Justice Jones Victor Dotse, also granted the request, for portions of the ruling on a submission of no case, to be quashed.
On June 9, this year, a second attempt by lawyers for Dr Stephen Opuni, to have Justice Honyenuga recuse himself failed.
The former Cocobod CEO has accused Justice Honyenuga of bias.
The lawyers say Justice Honyenuga had made comments in open court, and in his ruling on a submission of no case application, that leaves them in no doubt that their client will not get a fair hearing.
Dr Opuni is accused of causing a $217 million financial loss to the state and has been standing trial since 2017.
The first of such applications were filed in March 2020 because the trial judge had openly campaigned for President Akufo-Addo.
The judge is reported to have said at a traditional ceremony in a community, where he (judge) is a Paramount Chief, that the current President had done well with the Free Senior High School programme, which has bridged the education gap between the rich and the poor in the country.
The court dismissed the application after the judge had held that he was taken aback by the decision of Dr Opuni to politicise the trial.
Dr Opuni subsequently went to the Supreme Court to plead for the removal of Justice Honyenuga from his case. Still, a five-member panel presided over by Chief Justice Kwasi Anin-Yeboah and assisted by Justices Jones Dotse, Sule Gbadegbe, Nene Amegatcher and Gertrude Torkornoo, dismissed the application for lacking merit and not supported by any fact.
Lawyers for Dr Opuni renewed their attempt to get Justice Honyenuga off the case after the judge held that the prosecution has established a prima facie case against Dr Opuni, businessman Seidu Agongo and his Agricult Ghana Limited.
Source: Myjoyonline
