The new judge appointed to preside over the case has decided that the trial of Dr. Stephen Kwabena Opuni, a former CEO of the Ghana Cocoa Board (COCOBOD), and businessman Seidu Agongo will begin all over again.
Judge Kwasi Anokye Gyimah stated today (April 4, 2023) that it would be unreasonable for him to accept a case that was "saddled" with several complaints.
Initially, retired Judge Clemence Jackson Honyenuga heard the case.
The Opuni-Agongo lawsuit began when?
2017 saw the start of the lawsuit.
In March 2018, the Attorney General filed 27 charges against Dr. Opuni and Agongo for allegedly participating in illicit activities that resulted in a financial loss to the state of GH 271.3 million and the distribution of subpar fertilizer to cocoa producers.
Tuesday's decision
The judge issued the ruling on Tuesday morning, according to Justice Agbenorsi of Graphic Online, who was present in the courtroom. "It would be unjust for the court to overlook the claims and adopt the prior processes as they are," the judge said.
The trial will begin "De Novo," the new judge declared, "so that the court may have a firsthand understanding of the trial and the manner of witnesses."
Moreover, Judge Gyimah emphasized that the presumption of innocence should not be disregarded by the court and that an accused individual was legally entitled to justice.
He has mandated that the witnesses be submitted by the parties on or by April 21, 2023.
The case has been postponed until a case management conference on April 25, 2023.
Motion
Evelyn Keelson, the chief state attorney overseeing the case, filed a motion last Thursday, March 30, 2023, seeking the court's acceptance of the earlier procedures in order to allow the trial to continue.
Nevertheless, the defense team, led by Samuel Cudjoe and Benson Nutsukpui for the first and second accused, respectively, contested the prosecution's plea and asked the court to begin the trial "de novo" (afresh).
Judge Honyenuga had requested that the High Court registrar send the case docket to the Chief Justice so that he might appoint a replacement judge because he was approaching retirement.
Not liable
Seidu Agongo, the CEO of the agrochemical business Agricult Ghana Ltd., is on trial with Dr. Opuni.
Through a series of transactions using lithovite foliar fertilizer, state prosecutors allege that the two caused the state to suffer a financial loss of more than GH$271 million.
The prosecution contends that the fertilizer was of poor quality and has charged Agongo with using dishonest tactics to sell the fertilizer to COCOBOD for later distribution to cocoa producers.
The prosecution has additionally alleged that Dr Opuni allowed the lithovit liquid fertilizer to not be tested and approved as required by law when he served as CEO of COCOBOD (November 2013 to January 2017).
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