Justice Clemence Jackson Honyenuga has said the former Chief Executive (CE) of Ghana Cocoa Board (COCOBOD), Dr Stephen Kwabena Opuni, is engaging in an enterprise of throwing dust into the eyes of everyone.
According to Justice Honyenuga, a Justice of the Supreme Court, Opuni must learn to speak the truth instead of telling lies to court public sympathy so as to create public ridicule and hatred towards him.
Ruling on Dr Opuni’s motion through his lawyers for him (Justice Honyenuga) to recuse himself from further hearing the case, the court said, the motion was nothing but malicious, mischievous, feverous and abuse of court processes.
The judge added that allegations made by Dr Opuni in his application and affidavit are blatant lies, the former boss of COCOBOD must learn how to “speak the truth.”
In a marathon court sitting, Justice Honyenuga in his ruling indicated that “I think that the first accused might have been hallucinating when DW1 (Defence Witness) gave evidence” to make those baseless and unfounded assertions against him.
Justice Honyenuga, a Justice of the Supreme Court sitting with additional responsibility as a High Court judge said Dr Opuni is crying wolf when there is none by stating that he has demonstrated open hostility and bias towards him.
According to the judge, it is a blatant lie for Dr Opuni (First Accused) to say in his averment in his affidavit attached the application that “I showed open hostilities towards him since he opened his defence.”
Orders
After dismissing the motion, the court said, the conduct of the accused person is one aimed at delaying the trial.
To this end, the court has ordered the lawyers of the accused persons to file all their witness statements of the witnesses they will be calling by January 10, 2022.
But, the order will not apply to the first of the eight witnesses Dr Opuni intend to call.
The court also said each witness would be given a sitting to give his/her Evidence-In-Chief while cross-examination will not go beyond two sittings.
The case has been adjourned to January 10, 2021
CJ clears Honyenuga
Before the motion for recusal was heard and dismissed, the Chief Justice has asked Justice Honyenuga to continue to hear the case.
Per a petition to the CJ by Dr Opuni, the motion for recusal should be assigned to a different judge to hear, but such request was refused by the CJ.
Reading the response of Justice Anin-Yeboah to the court on Thursday, December 16, Justice Honyenuga stat that, he has been “authorized” by the CJ to hear the pending motion.
The reply written on behalf of the Chief Justice by the Judicial Secretary, Justice Cynthia Pamela Addo, noted:
“I have been directed by His Lordship the Chief Justice to inform you that he has carefully studied the contents of your petition and has not found any allegations of likelihood of bias against the trial judge not to be fair in considering his right to determine an objection raised against his presence in the case.
“Additionally, His Lordship the Chief Justice has indicated that it would not be in the interest of justice to transfer the motion to another judge to determine whether the judge is fit to sit on the motion.
“For the above-mentioned reasons His Lordship the Chief Justice has refused the petition for transfer,” the reply to the petition stated.
Dr Opuni is being tried along with Seide Agongo and his company Agricult Ghana Limited on some 27 charges including causing financial loss to the state.