Dr Stephen Opuni, former Chief Executive Officer of Ghana Cocoa Board
The theatrics of lawyers of embattled former Chief Executive of Ghana Cocoa Board (COCOBOD), Stephen Opuni, suffered a jolt as Justice Clemence Honyenuga pointedly told the lawyers that he had “over-tolerated” the cross-examination of witnesses.
Dr Opuni and businessman Seidu Agongo are facing trial for causing financial loss to the state.
In a typical back-and-forth argument with Mr Nutifafa Nutsukui, who held brief for Mr Benson Nutsukpui, counsel for Mr Agongo and his firm Agricult Company Limited (Second and Third Accused Persons) on Thursday, 17 March 2022, Justice Honynuga, who is a Supreme Court judge sitting with additional responsibility as a High Court judge on the matter, asked: “How long will it take you to cross-examine DW1?”
In March 2018, the Attorney-General charged Dr Opuni and Mr Agongo with 27 counts for allegedly engaging in illegalities that caused financial loss of GHS271.3 million to the state, and allegedly led to the distribution of sub-standard fertilisers to farmers.
Mr Agongo is alleged to have used fraudulent means to sell sub-standard fertiliser to COCOBOD for onward distribution to cocoa farmers, while Dr Opuni is accused of facilitating the act by allowing Mr Agongo’s products not to be tested and certified as required by law.
They have both pleaded not guilty to all the 27 charges, and are currently on bail in the sum of GH300,000 each.
Mr Nutsukpui had asked for a minimum of four sittings to which Justice Honyenugah replied that he had tolerated the antics of the counsel for far too long.
Dropping his gavel, he adjourned the case to Monday, 28 March 2022.
Excuse for cross-examination time
Mr Nutsukpui, in demanding more time to cross examine a Board Member of COCOBOD, had argued that: “This is somebody who’s been on the Board for eight years and because of his various roles, we believe that he’s key; the person that we could get some of the evidence from, so, considering he testified in chief for about five sittings … my Lord, we would have thought that in the minimum, at least four sittings”.
Replying, Justice Honyenuga said: “No”, insisting, “I’m going to give you two sittings”.
“Yes, that is the advantage. Because I was so liberal, I gave you a lot of time; you could cross-examine for months; you do this and that, and that is the advantage you are taking now. Yes, you are taking advantage of it. If I had limited you right from the word go: cross-examination, one day, you’d finish; if you don’t finish, well, that is it. Through the cross-examination, two days, three days, if you were to finish, that would have been it; but I tolerated, I over-tolerated all of you; yes, especially if you’ll be frank to yourselves, I over-tolerated you, especially defence counsel. Yes”.
About The Author
