Justice Honyenuga, who is sitting as an additional High Court Judge on the case, said the trial of the former Chief Executive of Ghana Cocoa Board, Dr Opuni, businessman Seidu Agongo, and Agricult Ghana Limited started in May 2018 and that cannot be six years.

In court on Wednesday while adjourning the case with “a heavy heart” following information that the second accused person, Seidu Agongo, had been taken ill at the 37 Military Hospital, the judge said he has got limited time to deal with the case.

“I must state that it is very unfortunate that this case cannot proceed at the time when a lot of noise has been made about this case being delayed and others say this case has been delayed for six years,” Justice Honyenuga remarked.

He said “Serious hearing started in 2018 so it cannot be six years. It is a fact that although the warrant for me to hear this case is dated March 16, 2018, the actual hearing of this case started in May 2018. Wherein lies the six years being talked about?” he quizzed.

The trial judge further added that “it is a fact that I have limited time to hear this matter and with a heavy heart that I have to adjourn this case today (Wednesday).”

Hospital review

Counsel for the Second and third accused Nutifafa Nutsukpi told the court that, the second accused was not in court because he did attend his hospital review on Tuesday as it had been scheduled.

“We are sure that the prosecution will reconfirm that as we understand, the prosecutor in this case being the Attorney General spoke with or sent officers to verify at the hospital that indeed the 2nd Accused was receiving treatment or being seen at the Korle-Bu Teaching Hospital.”

Counsel said as a result of that intervention the 2nd Accused was kept from the morning to around 4 or 5 pm.

“My lord, it is our understanding that after he returned home, he was still unwell and at night, being Tuesday, he was sent to the 37 Military Hospital where he is currently on admission,” counsel said.

“As we speak, we understand tests including MIR Scans are being run on him and I’m not in a position to say what he is presented with at the hospital last night or what investigations are being carried out on him presently,” counsel explained why the second accused couldn’t make it to the court.

AG’s response

Principal State Attorney, Stella Ohene Appiah in her response said she was unable to confirm what defence counsel had told the court.

“Respectfully my lord, I’m unable to confirm what counsel has just told the court at the Attorney General sending people to the Korle-Bu Teaching Hospital to confirm the attendance of the 2nd Accused to that facility,” she noted.

About his visit to the 37 Military Hospital, the Principal State Attorney said “we are all hearing this for the first time now and since we do not have any documentary proof of it, I will leave it to the sea region of the court to decide the way forward.”

“I must say that I sent a word to my senior in this case on what counsel said the visit to Korle bu and she is also checking to find out whether that is the position and so we cannot say for sure that what counsel is saying to the court is the case until we have verified from the office.”

Clarification

The court while seeking clarity on the matter asked counsel who gave him the information that the Attorney General spoke with or sent officers to verify whether the second accused attended the Korle-Bu Teaching Hospital or not

Counsel in his response said his information was from the doctors attending to him.

Asked again by the court if it was the case that because of the alleged information from the doctors that the second accused left the facility between 4 and 5 pm.

Counsel said “that seems to me to be his understanding because none of his previous sessions had ever taken that long.

Counsel also told the court that the information of the second accused being admitted at the 37 Military Hospital “came from Benson Nutsukpi, counsel on record for the second and third accused.”

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“In the circumstances, it is our prayer that considering the absence of the second accused due to illness the honourable court may adjourn the case either to tomorrow or Monday subject to the discretion of the court by which date we would have been in a position to furnish the court with the necessary documentation to confirm what we have just told the court is not a tale,” counsel prayed.

He also said “the prosecutors may in their own way verify” the information they had relaid to the court.

By Court

“I will order the Principal State Attorney to find out from the Attorney General whether or not he sent any person or persons to verify whether the second accused had attended the Korle-Bu teaching hospital yesterday, February 7, and report to this court on the next adjourned date,” the court ordered.

The court also ordered “the registrar of this court to go to the 37 Military Hospital to find out whether indeed the second accused is on admission at the said hospital.

The court said, “the registrar shall report his findings to this court by the next adjourned date.”

The judge “further ordered that the second accused shall produce to this court medical report of his admission at the 37 Military Hospital at the next adjourned date.

Justice Honyenuga said, “in order not to come back to this court for another adjournment, I will adjourn this case to Monday, February 13 to enable the second accused to be present for proceedings to continue.”

It came up during proceedings that the witness — Peter Okyere Boateng, a former Deputy Director of the Cocoa Health and Extension Division (CHED) of COCOBOD — had a health condition that made it difficult for him to sit for more than 30 minutes.

Mr Boateng, who was under cross-examination, stood up after one hour, and the defence lawyers requested the adjournment of proceedings due to the condition of the witness.

Medical report

The presiding judge, Justice Clemence Honyenuga, then expressed his reservations over the numerous adjournments and delays in the trial, which started in March 2018.

Counsel for Dr Opuni, Samuel Codjoe, responded that the witness had a genuine medical condition which had been confirmed by a medical report.

“This is a witness who is a pensioner. He is not well, and cannot sit for long because he has a problem with his back,” counsel said.

He then produced the medical report upon request by Justice Honyenuga, but that also led to disagreements between the lawyers.

The prosecutor, Stella Ohena Appiah, a Principal State Attorney, raised issues that the witness had been testifying since July 2022 with no issue of a chronic back condition only for a medical report dated September 9, 2022, to surface.

Justice Honyenuga queried why the health condition of the witness predated the medical report.

“I expected that the medical report will be dated in July or earlier and not in September,” Justice Honyenuga said.

Lawyer’s response

In response, Mr Codjoe refuted the assertion of the prosecution, describing it as a “misrepresentation of facts”.

He said the witness had earlier refused to show up for the trial due to the health condition.

He said when the witness finally showed up in court in July last year, the defence team immediately informed the court of his condition, with the court insisting on a medical report to back the claims.

“The report came in September 2022 with the doctor saying that the patient was under his care. He has been visiting the hospital for a long time. He has a back problem, and the records are there to back it,” counsel said.

Justice Honyenuga eventually adjourned the trial to tomorrow.

On the next adjourned date, Justice Honyenuga said the witness would testify for one hour.

“There will be a short break to enable the witness to rest for the court to continue for another one hour,” Justice Honyenuga said.

Not guilty

Dr Opuni is standing trial with Seidu Agongo, CEO of Agricult Ghana Limited, an agrochemical company.

State prosecutors have accused the two of causing financial loss of more than GH¢271 million to the state in a series of lithovit foliar fertiliser transactions.

It is the case of the prosecution that the fertiliser was substandard, and has accused Agongo of allegedly using fraudulent means to sell the fertiliser to COCOBOD for onward distribution to cocoa farmers.

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The prosecution has further accused Dr Opuni of using his position as CEO of COCOBOD (November 2013 to January 2017) to facilitate the alleged acts of Agongo by allowing the lithovit liquid fertiliser not to be tested and certified as required by law.

Dr Opuni and Agongo have pleaded not guilty to the charges, and are on self-recognisance bail in the sum of GH¢300,000 each.

The parties are to file the submissions simultaneously. 

The motion, filed by Dr Stephen Opuni, the former CEO of COCOBOD, also had an application for stay of execution and a referral of article 139(1c), 145(5) of the 1992 Constitution for interpretation by the Supreme Court under article 132 of the Constitution and citing the inherent jurisdiction. 

The Court on November 14, 2022, dismissed a motion filed by Dr Opuni to perpetually injunct the trial judge from further hearing the case citing article 145 (2a) of the Constitution. 

Dr Opuni and Mr Agongo are facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the State, money laundering, and corruption by public officer in contravention of the Public Procurement Act. 

They have both pleaded not guilty to the charges and are on a GH¢300,000.00 self-recognisance bail, each. 

The Court presided over by Justice Clemence Jackson Honyenuga, a Supreme Court Justice, sitting as an additional High Court Judge said he had read the motion filed by Counsel for Dr Opuni, affidavits in support filed by Counsel for Agongo and affidavits in opposition by the prosecution and that it was necessary for the parties to file their written submissions. 

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He said taking into consideration the delay in serving documents in court, the case had been adjourned to December 1, 2022.  

Mr Emmanuel Kumadi, holding brief for Benson Nutsukpui for Agongo, was served in open court with affidavits in opposition filed by the prosecution.  

The Counsel also served the prosecution with its copy of affidavits in support of the motion.