Justice Aboagye Tandoh, has become the third judge to sit the case of the former Chief Executive of Ghana Cocoa Board (COCOBOD) Dr Stephen Kwabena Opuni and Businessman, Seidu Agongo.
He takes over from Justice Kwasi Anokye Gyimah, who also took over from the controversial Justice Clemence Honyenuga, alias “the Crocodile” a retired Supreme Court judge from the case on March 4, this year, after his six month extension to wrap up the case after nearly seven years on the matter.
The Chief Justice, Gertrude Torkornoo, had strangely transferred Justice Kwasi Anokye Gyimah to Kumasi, and assigned the highly politicized case to Justice Aboagye Tandoh.
But the new judge, would have to wait for some time to commence the case because Dr Opuni and Alhaji Agongo, have gone to the Supreme Court and appealed against the Court of Appeal’s order for adoption of the Proceedings of retired Justice Clemence Honyenuga for the trial.
On July 3, this month, a three-member of the Court of Appeal presided over by Justice Philip Bright Mensah, set aside the orders of the High Court to start the trial afresh (De Novo)
The High Court presided over by Justice Kwasi Anokye Gyimah on April 5, said it would be significant for the court to have firsthand information and observe the demeanor of witnesses for fair trial.
Dissatisfied with the ruling, the Attorney General Godfred Yeboah Dame, appealed against the decision and succeeded.
Back to the High Court for the first time on Wednesday July 12 after the Court of Appeal’s ruling, Prosecution led by Mrs Evelyn Keelson, notified the Court that the proceedings of Justice Honyenuga are to be adopted as per the order.
“My Lord, following a successful appeal at the (Court of Appeal) against the decision of this honorable court to start the trial of this case De Novo (Afresh), the Court of Appeal has directed that the proceedings in this case as conducted before His Lordship Justice (Clemence) Honyenuga be adopted by this honorable court for the trial of the case to continue,” Mrs Keelson, a Chief State Attorney told the Court.
Counsel for Dr Opuni, Samuel Cudjoe for his part also corroborated prosecution’s that the appeal was allowed but stated that they have since lodged an appeal at the Supreme Court.
“My Lord, the Court of Appeal allowed the appeal as rightly stated by my friend the learned Chief State Attorney.
“What she (Mrs Keelson) didn’t add, however, is that we have appealed the decision to the Supreme Court.
He said, “pending the hearing of the appeal, we are here for directions from your lordship.”
Lawyer Benson Nutsukpui, Counsel for Seidu Agongo and Agricult Ghana Limited, said they were in the hands of the court for further directions.
“I believe by now the registrar of the Court of Appeal has furnished this court with the ruling on July 3 and we shall await my lords direction and we will continue from there.
Justice Tandoh after listening to the parties stated that, “An appeal against the decision of the Court of Appeal is yet to be filed on the docket neither is there any order restraining this court against the hearing of this court from proceedings with the case.”
The court said, “The parties are therefore to apply for the records of proceedings for the same to be adopted for the continuation of this trial.
Dr Opuni is standing trial with Seidu Agongo, Chief Executive Officer (CEO) of Agricult Ghana Limited, an agro-chemical company.
State prosecutors have accused the two of causing financial loss of more than GH¢271 million to the state in a series of lithovit foliar fertiliser transactions.
It is the case of the prosecution that the fertiliser was substandard, and has accused Agongo of allegedly using fraudulent means to sell the fertiliser to COCOBOD for onward distribution to cocoa farmers.
The prosecution has further accused Dr Opuni of using his position as CEO of COCOBOD (November 2013 to January 2017) to facilitate the alleged acts of Agongo by allowing the lithovit liquid fertiliser not to be tested and certified as required by law.
Dr Opuni and Agongo, have pleaded not guilty to the charges, and are on self-recognisance bail in the sum of GH¢300,000 each.
Upon taking over the case, Justice Gyima, had stood his grounds, insisting that the high-profile criminal case with political undertones, assigned him by retiring Chief Justice Kwesi Anin Yeboah, is started afresh because it would be unfair for him to adopt a proceeding that was “saddled” with numerous allegations.
“It would be unfair for the court to ignore the allegations and adopt the previous proceedings as it is” adding, “In order for the court to have a firsthand information of the trial and the demeanor of witnesses, the court will start the trial ‘De Novo’ (afresh), the new judge said April 4, 2023 after taking over from Justice Honyenuga, who had also enjoyed a six months post retirement contract to conclude the case but could not.
Justice Gyimah, stated “if I adopt the proceedings, I am basically adopting every act and decision that has been taken by the previous judge in the matter, and I will be saddled with the same suspicions and allegations of unfairness that have been levelled against the current state of the proceedings.”
He made references to Section 80 (2) (a) of NRCD 323, which states that one of the factors a court is enjoined to look at when assessing the credibility of a witness is the witness’s demeanour.
“Much as that may be the right position, in a criminal trial where the liberty of the accused is at stake and where the accused is by law presumed innocent and also entitled to a fair trial, any factor, however minimal or insignificant its effect, that will enhance the opportunities for the fair trial of an accused person should not be overlooked by the court.”
Justice Gyima, therefore, ordered the parties to file witness statements they want to rely on in the trial by April 21 and slated April 25 for case management, but it is now clear he would not be hearing the case anymore per the administrative move by Chief Justice Torkornoo, who had been a member of the Supreme Court review panel, that brought back Justice Honyenuga in 2021, after he was prohibited on the basis of bias towards the accused persons.
Interestingly, while Dr Opuni and Alhaji Agongo, were ready to refile their witness statements, the government after several adjournments dropped a bombshell, that it was having difficulty getting its witnesses back into the box to prove its financial loss to the state claims against the two, as well as Agricult, an agro-based private company owned by Alhaji Agongo.
Mr Yeboah Dame, subsequently rushed to the Court of Appeal, saying Justice Gyimah had “misdirected himself” regarding the adoption of evidence in a trial.
On Tuesday, April 25, 2023, when the court sat, the Deputy Attorney General, Alfred Tua–Yeboah, who represented the state, acknowledged the court’s directive, but pleaded for time.
“We are here for adjustment of time,” Mr Tua-Yeboah said and prayed to the court to grant the prosecution 30 more days to file the witness statements. Aside from saying that some witnesses are not willing to testify in court, he told the court that one of the people contacted said he is on retirement.
Mr Tua-Yeboah, claimed that one of them also said he spent about two years in the witness box, which appeared deterring.
