By a unanimous decision, a three-member panel of the Court of Appeal in Accra, yesterday, overturned the decision by the High Court to conduct fresh proceedings in the alleged criminal trial of Dr Stephen Kwabena Opuni and Seidu Agongo.
The court, presided over by Justice Philip Bright Mensah said the High Court erred in law when it ruled that the case started afresh.
The judges were of the considered opinion that it would serve the interest of justice and the parties for the record of proceedings in the first trial conducted by a Supreme Court judge, Justice Clement Honyenugah to be adopted.
Dr Opuni, a former Chief Executive of the Ghana COCOBOD, Seidu Agongo, the Managing Director of Agricult Ghana Limited, a fertiliser manufacturing company are being prosecuted for alleged procurement breaches and causing financial loss to the state in a fertiliser deal.
The first trial lasted for six years and the case was transferred to a new judge, Justice Kwasi Anokye, following the retirement of Justice Honyenugah.
The new judge decided to start the trial afresh, however, on April 30, the Attorney-General, Godfred Yeboah Dame appealed against the ruling to hear the case anew.
On June 7, when the appeal was called, the counsel for the respondents raised an objection that some 25 documents were missing from the records of appeal.
The Attorney-General in his response argued that the absence of those documents were immaterial, irrelevant and do not prejudice the hearing of the appeal.
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Mr Dame told the three member panel of judges that what was before it, was an interlocutory appeal which was just about the decision of the High Court judge.
When the case was called on June 14, the judges dismissed the objection raised by counsel for the respondents and ordered the Attorney-General and Minister of Justice to file his written submission by Friday, June 16.
The court again ordered the respondents to file their written submissions a week after they are served.
In March 2018, the Attorney-General charged Dr Opuni and Agongo, for causing financial loss of GH¢271.3 million to the state.
The two have been charged with 27 counts, including allegedly engaging in illegalities leading to the distribution of substandard fertiliser to cocoa farmers.
Agongo is alleged to have used fraudulent means to sell substandard fertiliser to COCOBOD for onward distribution to cocoa farmers.
Dr Opuni is also accused of facilitating the act by allowing Agongo's products not to be tested and certified, as required by law.
According to the facts of the case, Dr Opuni on October 10, 2014, while he was the CEO of COCOBOD, agreed to permit his office to be influenced by an amount of GH¢25,000.
Mr Agongo, has also been accused of attempting to influence the conduct of Dr Opuni in the performance of his duties as the CEO of COCOBOD, by offering him GH¢25,000 on October 10, 2014.
