
Dr Stephen Opuni, former Chief Executive Officer of Ghana Cocoa Board
The embattled former Chief Executive Officer of Ghana Cocoa Board (COCOBOD), Stephen Opuni, has once again filed an application for certiorari and prohibition at the Supreme Court, seeking to stop Justice Clemence Honyenuga, a Supreme Court judge siting as an additional High Court judge, from continuing to hear his case.
The application comes just a few weeks after the court dismissed his application urging the trial judge to recuse himself from the trial on grounds of alleged hostility and likelihood of bias.
Appearing before the court on Monday, his lawyer, Samuel Codjoe, told the court that they had filed a motion invoking the supervisory jurisdiction of the Supreme Court for certiorari and prohibition, which had been scheduled for February 8, 2022.
The former COCOBOD boss, is standing trial together with private businessman, Seidu Agongo, alongside the businessman’s company, Agricult Ghana Limited, for allegedly causing over GH¢217 million financial loss to the state.
Application
Dr Opuni’s application alleged ‘open hostility’ towards him by the trial judge, claiming “his acts and conducts is such that justice cannot be said to be seen to be done” if he continues sitting on the case.
Dr Opuni, through his counsel, argued that the court had gone back on its previous practice of agreeing on dates with lawyers involved in the matter and now imposing hearing dates, contrary to what pertained when the prosecution was calling its witnesses.
The application had been opposed by Evelyn Keelson, a Chief State Attorney, who argued that there is no basis at all for the application, adding that Dr. Opuni “failed woefully to demonstrate any credible evidence of bias against him by this court.”
“As we have stated in our affidavit, this application has been filed to start another round of antics by the applicant to delay the trial; and that is why we took the trouble to present before this court our affidavit in opposing the events that have characterised this trial,” she said.
She also contended that Dr. Opuni did not provide any evidence, let alone a credible evidence to support his application, adding “the averments in his affidavit in support are mere allegations with no basis at all.”
Justice Honyenuga in his ruling had dismissed the application for being “malicious, mischievous, frivolous and vexatious and an abuse of the court’s processes, calculated to further delay the expedited, efficient and fair hearing of this case. The principle of justice delayed is justice denied applies in the instant case.”
Dr Opuni, who appears not satisfied with the decision of the court, then filed another motion at the Supreme Court seeking to prohibit Justice Honyenuga from continuing to hear the case.
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