The Attorney General has requested the Chief Justice, Justice Kwasi Anin Yeboah, to remove Justice Clemence Jackson Honyenuga (red) from the case of former COCOBOD boss and two others, and appoint a new judge to sit on the matter.
Deputy Attorney General, Alfred Tuah-Yeboah made this verbal application at the High Court on February 23, 2023.
Justice Honyenuga officially retired as a Supreme Court judge in September 4, 2022, but was granted a six-month extension to dispose of the case.
“My lord, considering the time left, it is practically impossible for this matter to be concluded. In the circumstances we respectfully pray that my lord refer this matter to the Chief Justice to reconstitute,” the Deputy Attorney General and Minister of Justice told the court.
Justice Clemence Honyenuga has been presiding over the trial of former COCOBOD Chief Executive, Dr. Stephen Opuni and businessman Seidu Agongo as well as Agricult Ghana Limited, who 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.
He has been sitting with additional responsibility as a High Court jugdge.
The court on Thursday had sat to hear a motion filed by counsel for Seidu Agongo who is asking the retired trial judge to recuse himself for allegedly being compromised and issuing threatening orders in court.
“That by rejecting the exculpatory evidence and marking them as rejects thus ensuring that we can never rely on the said exhibits at the trial while at the same time calling on us to open our defence in respect of the very same matters means that this Court has already sealed our fate and only wants us to go through a sham of a trial when it has already predetermined our guilt even before we are heard especially when similar evidence tendered by the Prosecution was spared the wrath of this Court,” Mr. Agongo’s affidavit in support of the motion said in part.
Read also: Sham trial! Agongo’s lawyers raise ‘very serious’ issues to get retired Justice Honyenuga out
But before the court would hear the motion, Mr. Alfred Tuah-Yeboah sought permission of the court for a “very short” submission.
“In pursuant to article 145(4) of the constitution. My lord was granted a limited mandate to conclude the hearing of this matter. My lord today is 23rd February, 2023, and the time left for that mandate to expire is extremely limited,” he observed.
The Deputy Attorney General explained, “It is limited in the sense that the first accused has not closed his defence for the second to also open his. My lord, considering the time left, it is practically impossible for this matter to be concluded. In the circumstances we respectfully pray that my lord refer this matter to the Chief Justice to reconstitute. This submission is being made in the interest of justice and fairness. This is our humble Submission.”
Later in an interview with journalists, Alfred Tuah-Yeboah reiterated: “Looking at today, 23rd [February], the days left are so limited that if we were to say my lord continue with the hearing of this matter, he cannot conclude it. So practically we thought it wise to bring such an application before him for him to refer the matter to the Chief Justice so that another judge would be appointed by the Chief Justice to hear this particular matter.”
The oral application was not opposed by both counsel for Dr. Stephen Opuni and Seidu Agongo.
“Respectively my lord, we believe in same that this is a commendable recommendable or suggestion from the prosecution. My lord we will also urged you to consider it favourably in the interest of justice,” counsel for Agongo, Nutifafa Nutsukpui submitted.
Justice Honyenuga therefore adjourned hearing of the case to March 1, 2023.
He also adjourned the case “so that we will get the full import of the judgement of the Supreme Court” on a failed review application by the first accused.
