The judge presiding over the trial of Dr Stephen Opuni, a former COCOBOD CEO, and two other people have requested that the High Court registrar send the case docket to the Chief Justice to designate a replacement judge.
The Attorney-suggestion General's that he should submit the issue to the Chief Justice for the appointment of a new judge was backed by Justice Clemence Jackson Honyenuga, a Justice of the Supreme Court acting as an additional High court judge, in a decision on Wednesday.
I must say that, given the little amount of time I have available, I find it refreshing that the Attorney-General, who started the criminal proceedings against the accused people, has requested, through the Deputy Attorney-General, that this matter be sent to the Chief Justice.
In fact, I cannot finalise and decide this matter with DW7 in the box owing to the limited time the Chief Justice has given me to continue hearing this case. In light of the situation, I shall accept the Deputy Attorney General's argument and hereby approve the application made by Section 105 of the Court's Act 1993, Act 459 as modified.
"It is now ordered that the Chief Justice be informed of the status of this case's pendency for guidance. As a result, the Registrar of this court is required to implement this decision right away, Judge Honyenuga said on Wednesday.
Prayer
On Thursday, February 23, this year, the Attorney-General (A-G) asked Judge Honyenuga to submit the case to the Chief Justice for the appointment of a new judge.
In March 2018, Judge Honyenuga presided over the trial.
In September 2022, he will have achieved the age of retirement, which is 70.
Nevertheless, the Chief Justice granted Judge Honyenuga a six-month extension in compliance with Article 145(4) of the 1992 Constitution to allow him to finish all the matters he was handling, including the trial of the former COCOBOD chairman.
The six-month extension given to Judge Honyenuga by the Chief Justice would be due in March of this year, according to Deputy Attorney General Alfred Tuah-Yeboah, who was present when the matter was called yesterday.
The trial could not be finished in the short amount of time available, according to the Deputy Attorney General, especially since Seidu Agongo, the second accused, had not even begun his defence.
This situation can't be resolved within that period, given the amount of time still available. In light of the situation, we sincerely ask my Lord to ask the Chief Justice to reconstitute this court by referring this issue to him. Deputy A-G stated that this decision was being taken for the sake of justice and fairness.
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