Dr. Stephen Kwabena Opuni and his lawyer
The Supreme Court will on July 13, 2021, hear an application from Dr. Stephen Kwabena Opuni asking for the removal of Justice Clemence Honyenuga from proceeding with the case.
Justice Honyenuga, Justice of the Supreme Court who is preceding in the case in which the accused persons are standing trial has been accused by Dr. Opuni for making comments that pre-determined the case before him even before he opens his defense.
Dr. Opuni, former Chief Executive Officer (CEO) of COCOBOD and Seidu Agongo, CEO of Agriculture Ghana Limited has been accused of causing financial loss to the state. They have all pleaded not guilty to deny any wrongdoing.
Meanwhile, Chief Justice Kwasi Anin-Yeboah has declined a petition from Dr. Stephen Kwabena Opuni asking Justice Clemence Honyenuga to recuse himself from hearing the trial.
The case was at the last court sitting June 18, adjourned to await the decision of the Chief Justice on the petition.
In court on Thursday, July 1, 2021, the judge said, the response from the Chief Justice was that he should continue with the trial.
According to the judge, he has been served with a letter dated June 25, 2021, signed by Chief Justice on the petition filed by Dr. Stephen Kwabena Opuni to Chief Justice against him.
“Your petition in respect of the above subject matter has been considered after serious thought. l have noticed from the petition that the learned judge has not made any serious prejudicial statements to infer that, there is real likelihood of bias against you as an accused person; in the case in which you are yet to open your defense.
“In view of the fact that, no serious allegation of likelihood of bias has been established, I will decline the invitation to transfer the case to another judge.
“This does not preclude you, in the exercise of your constitutional rights to resort to the judicial processes for the transfer you are asking for,” the response from the Chief Justice of the said petition.
According to the judge, per the response of the petition from the CJ,”I must state emphatically, that per the direction of the CJ, nothing stops me from continuing this case.
“I have also noticed on the docket that, Dr. Opuni has filed a motion on notice for discovery of document fixed for June 29, but was adjourned to today. I have also noticed that the Chief State Attorney has complied and filed all the necessary disclosures asked for by the first accused.
However, the court said, “out of respect for the Supreme Court, where Dr. Opuni has filed an application to invoke the supervisory jurisdiction of the court. And which application was fixed for July 13, 2021, I will in the circumstances adjourned this case to abide by the judgment of the Supreme Court.
Consequently, the was adjourned to July, 13.