Dr Stephen Opuni
The State is requesting an extension on the deadline for filing witness statements in the GH217 million financial loss case involving Dr. Stephen Kwabena Opuni, former Chief Executive Officer (CEO) of COCOBOD, and others.
During Wednesday's High Court hearing, Deputy Attorney General Alfred Tuah Yeboah stated that some witnesses were reticent to testify.
Mr. Yeboah pleaded with the court presided over by Mr. Justice Kwasi Anokye Gyimah to extend the State's deadline.
"We have contacted witnesses, but they refuse to testify. One claimed to have served as a witness for two years, while the other claimed to be retired. We therefore require approximately 30 days," stated the Deputy Attorney General.
The defense attorney for the former CEO of COCOBOD, Mr. Samuel Cudjoe, did not object to the state's petition. Mr. Benson Nutsikpi, who represented Seidu Agongo, and his business, Agricult Limited, did not oppose the state's petition.
The court adjourned the case for Case Management to June 7, 2023. In the meantime, the state reportedly filed a notice of appeal against the High Court's decision to begin the trial anew.
In a notice of appeal, the Attorney General (AG) argued that the trial judge Justice Kwasi Anokye Gyimah misapplied the rules governing the admission of evidence at trial.
The Attorney General was of the opinion that the trial judge's decision to retry the case was a miscarriage of justice because it will impede an efficient trial of the accused in this case.
Justice Clemence Honyenugah, now retired from the Supreme Court, who had additional responsibilities as a High Court justice, was unable to exhaust the six-month extension granted to him by the Chief Justice in order to complete the trial.
Therefore, the case was reassigned to Justice Gyimah. The state wished for Justice Gyimah to assume control of the proceedings, but the defense attorneys objected, and the court ordered a new trial to be held.
Godfed Yeboah Dame, Attorney General (AG) and Minister of Justice, has filed an appeal.The decision by the Accra High Court to retry Dr. Opuni and Mr. Seidu Agongo, the Managing Director of Agricult Ghana Limited, in relation to a fertiliser transaction.
In a ruling issued on April 4, Justice Gyimah, who succeeded Justice Honyenugah, stated that he would reopen the case.
Justice Gyimah stated that he did not wish to be burdened by the suspicions and allegations surrounding the case.
However, according to the Attorney General, the trial judge erred in reaching this conclusion because the Supreme Court had already addressed the issue of allegations and suspicions.
He stated, "The learned trial judge erred in exercising his discretion by concluding that he will be "burdened with the same suspicions and allegations of injustice leveled against the current state of proceedings, which the Supreme Court has already addressed."
Dr. Opuni and Seidu Agongo are on trial for 27 counts of fraud by false pretenses, willful state financial loss, money laundering, and corruption by public officers in violation of the Public Procurement Act.
They are accused of causing over GH217 million in pecuniary loss. The accused have refuted the charges and posted bail on their own recognizance of $300,000 each. – GNA