The judge hearing the trial involving Dr Stephen Opuni, the former COCOBOD Chief Executive, and two others, has asked the High Court registrar to forward the case docket to the Chief Justice to appoint a new judge.
In a ruling on Wednesday, Justice Clemence Jackson Honyenuga, a Supreme Court Judge sitting as an additional High Court judge, supported the submission of the Attorney General who advised him to refer the case to the Chief Justice for the appointment of a new judge.
“I must state that the Attorney General who initiated the Criminal proceedings against the accused has sent through the Deputy Attorney General that this case be referred to the Chief Justice because the time is running out.
“Indeed, due to the limited time given by the Chief Justice to continue hearing this case, it is very clear that I cannot conclude and determine this case with DW7 in the box. In these circumstances, I will support the submission of the Deputy Attorney General and hereby allow the application referred to in Section 105 of the Judiciary Act 1993 Act 459 as amended.
“It is hereby ordered that this case be reported to the Attorney General for guidance. Therefore, the Registrar of this court must immediately implement this order,” Justice Honyenuga said in his ruling on Wednesday.
prayer
The Attorney General (AG) on Thursday, February 23 this year, prayed Justice Honyenuga to refer the matter to the Chief Justice for the appointment of a new judge.
Judge Honyenuga has presided over the trial since March 2018.
He reaches the mandatory retirement age of 70 in September 2022.
However, in accordance with Article 145 (4) of the 1992 Constitution, the Chief Justice granted a six-month extension to Judge Honyenuga so that he could complete all the cases he was handling, including the trial of the former COCOBOD boss.
When the case was called yesterday, the Deputy AG, Alfred Tuah-Yeboah, said the six-month extension granted to Justice Honyenuga by the Chief Justice would be effective in March this year.
According to the Deputy AG, it is unlikely that the trial will be completed within the limited time, especially since the second accused, Seidu Agongo, has not yet opened his defence.
“Considering the time that is left, it is almost impossible for this matter to be concluded in that time. In this situation, we respectfully pray that God will send this matter to the Supreme Judge so that this court can be reinstated. This is done in the interest of justice and fairness, “said the Deputy AG.
Article 145(4)
Article 145 (4) of the 1992 Constitution states that even if a High Court Judge has reached the age of retirement, “that person can remain in office for a period not exceeding six months after his age, as necessary. so that he may pass judgment or do other things in connection with the proceedings which he commenced before he reaches that age.
The six-month extension granted to Justice Honyenuga by the Chief Justice has sparked controversy in the court.
Dr. Opuni challenged the ruling at the High Court which stated that the Chief Justice did not exercise the power to grant extension to High Court Judges after their retirement.
Lawyer Dr. Opuni said that since the President appoints High Court Judges, only the President, and not the Chief Justice of the Supreme Court, can grant an extension to a retired judge.
The case was dismissed by the Supreme Court.
Dr Opuni challenged the decision of the High Court in the Supreme Court, which was also dismissed.
Not guilty
Dr. Opuni is experimenting with Seidu Agongo, the CEO of Agricult Ghana Limited, an agrochemical company.
State prosecutors have accused the two of causing financial losses of over GH¢271 million to the state in a series of transactions involving the lithovit foliar fertilizer.
In the prosecution’s case, the fertilizer was substandard, and accused Agongo of using fraudulent means to sell the fertilizer to COCOBOD for distribution to cocoa farmers.
Source: graphic.com.gh
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