The Attorney General (AG) and Minister for Justice, Godfred Dame, has responded to reports of the Chief Justice, Justice Gertrude Torkornoo, abruptly changing the Supreme Court panel handling the appeal of Dr. Stephen Opuni, the former COCOBOD Chief Executive Officer (CEO), and businessman Seidu Agongo.

Godfred Dame, in a statement issued on Tuesday, May 14, 2024, stated that reports on the change in the panel for the case, where Dr Opuni is appealing a ruling by the Court of Appeal for his prosecution not to be restarted, are misrepresenting the facts of the case.

He said that the Chief Justice reconstituted the court on May 8, 2024, which was well within her powers, and an objection raised by the counsel of Dr Opuni was overruled.

He added that the Chief Justice determines the composition of every court in the country and no party to a trial has the right to choose the court to hear his/her matter or the panel of justices to do so.

"The Chief Justice is a member of every court in the country and has the power to request in writing a Justice of any of the Superior Courts of Judicature to sit on either the Court of Appeal or the High Court at any time. Further, consistent with article 128(3) of the Constitution, the Chief Justice presides at sittings of the Supreme Court, and in his absence, the most senior of the Justices of the Supreme Court, as constituted, shall preside," he said.

The Attorney General also accused Dr Opuni and the other accused person of being involved in publications that misrepresent happenings in the court with the aim of "perverting the course of justice and/or prejudicing the fair hearing of the case".

The AG refuted assertions that the arguments of the case were heard on January 17, 2024, and that the Chief Justice changed the panel on the very day the court was to give its judgement, describing these claims as false.

"Arguments in the appeal filed at the Supreme Court by Dr Stephen Opuni against an order of the Court of Appeal dated 3rd July 2023, for the adoption of evidence led in the case mentioned above, were heard by the Supreme Court on 8th May 2024, and not on any date before.

"The appeal was originally listed for hearing at the Supreme Court on 17th January 2024. By that day, no written submissions had been filed in the matter. A bare notice of appeal was the only process that had been filed in the proceedings. The Supreme Court did not invite any of the parties to make oral submissions, either in support of or in opposition to any of the grounds of appeal filed by the appellant," the AG wrote.

He added, "The Court rather gave directions for the future hearing of the matter by ordering the appellant, Dr Opuni, to file his written submissions within 21 days, and the respondent, the Republic, to file her written submissions within 21 days of being served with the appellant’s submissions. The appellant was given a further opportunity to file a reply within seven days of being served with the respondent’s submissions."

Background:

Dr Opuni, businessman Seidu Agongo, and Agricult Ghana Limited are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the state, corruption by public officers, and contravention of the Public Procurement Act.

The accused persons have been accused of causing a financial loss of more than GH¢271 million to the state in a series of lithovit foliar fertiliser transactions.

The former COCOBOD CEO filed an appeal in the Supreme Court of Ghana to challenge the ruling of the Court of Appeal to quash a ruling by the High Court hearing the matter for the trial to be restarted.

According to a report by theheraldghana.com, the Supreme Court panel handling the case was changed on the day of judgment, leaving many legal experts, including Dr Opuni's counsel, Lawyer Samuel Codjoe, bewildered.

Both the legal team of the plaintiff and the accused persons had reportedly made their arguments before the earlier panel and submitted their written submissions, and were awaiting the judgment of the court.

The report indicated that the original panel, comprised of Justice Mariama Owusu (Presiding), Justices Yaw Darko Asare, Emmanuel Yonny Kulendi, George Kingsley Koomson, and Henry A. Kwofie, was changed.

The new panel was made up of Chief Justice Gertrude Torkornoo (Presiding), Justices Mariama Owusu, Henrietta Mensa-Bonsu, Yaw Darko Asare, and Ernest Gaewu.

BAI/DO

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