Justice Aboagye Tandoh has become the third judge to take charge of the criminal trial of former COCOBOD boss and two others, following the surprise transfer of the previous judge who dared to try the controversial case afresh.
The High Court judge, Justice Tandoh is taking over from Justice Kwasi Anokyi Gyimah, whom many have described as fair but no nonsense judge, who also succeeded retired former Supreme Court judge Justice Clemence Honyenuga who sat on the case for more than five years at the High Court.
The former COCOBOD Chief Executive, Dr. Stephen Opuni and businessman Seidu Agongo as well as Agricult Ghana Limited, are facing 27 charges, including willfully causing financial loss to the state and contravention of the Public Procurement Act in the purchase of Lithovit liquid fertiliser between 2014 and 2016.
They have pleaded not guilty to the charges and are on a GH¢300,000 self-recognizance bail each.
Justice Gyimah in a landmark ruling on April 4, 2023 dismissed an application by the Attorney-General to adopt the proceedings of Justice Honyenuga.
“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 said in his ruling.
Justice Gyimah made reference 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’ 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.”
He therefore directed the parties to file their witness statements they want to rely on.
But Justice Kwasi Gyimah sat on the case for only four times, and many suspect his resolute position which appears to be a bane of the government, might have led to him being transferred from Accra to Kumasi by the newly appointed Chief Justice, Gertrude Torkornoo.
In the midst of the transfer, the Attorney-General was at the Court of Appeal contesting the High Court’s decision.
The A-G succeeded in getting the Appeal’s Court to quash the decision of Justice Kwasi Gyimah.
When the case resumed on Wednesday, July 12 at the High Court, Chief State Attorney, Evelyn Keelson informed the court that the state has successfully obtained a favourable decision at the Court of Appeal.
“My lord following a successful appeal against the decision of this Court to start the trial of this case de novo, the Court of Appeal has directed that the proceedings in this case as conducted before his Lordship Justice Honyenuga be adopted by this honourable court for the trial of the case to continue,” she said.
But lawyers for Mr. Opuni told the High Court they disagree with this decision and intend to urge the Supreme Court to set it aside.
“The Court of Appeal allowed the appeal as rightly stated. What she didn’t add however is that we have appealed the decision at the Supreme Court. However, pending the hearing of the appeal, we are here for directions from your lordship,” lead counsel for Dr. Opuni, Samuel Codjoe stated.
He also informed the court that they will need records of all the previous proceedings the Court of Appeal has asked that it adopts.
This he believes will enable them to determine whether there are corrections to be made before the case proceeds.
Justice Tandoh admitted it was important that all sides have proceedings before the trial resumes.
The case has been adjourned to July 25 for continuation.
Recently, the opposition National Democratic Congress cited the trial of Dr. Stephen Opuni as one of the ongoing cases in court they claimed persons involved were being “persecuted” by the government.
