The former Chief Executive of Ghana COCOBOD, Dr Stephen Kwabena Opuni, has appealed against the decision of the Accra High Court to adopt proceedings of the GH¢217 million financial loss to the state fertiliser case.
In a ruling on July 25, Justice Aboagye Tandoh, the new trial judge, in the case, in which Dr Opuni, and Mr Seidu Agongo, the Managing Director of Agricult Ghana Limited are facing charges of alleged stealing and procurement breaches, said he has "examined and satisfied himself with the entirety of the records of proceedings."
However, Mr Samuel Codjoe, counsel for Dr Opuni, challenged the decision of Justice Tandoh at the Court of Appeal, stating that the decision was without any legal basis.
Consequently, the applicant, Dr Opuni, has filed a motion for stay of proceedings at the High Court pending the final determination of his appeal at the Court of Appeal, Accra.
It is the case of the applicant that even though it is only a court which can adopt proceedings, the court ought to ensure that parties in the case had seen the proceedings and agreed to its contents without any objections.
Dr Opuni stated that the trial judge ought to have given all the parties the opportunity to verify and to confirm whether the proceedings which the trial judge "claimed to have with him and which he waved to the court is in fact the proceedings which took place in court."
The COCOBOD trial had dragged on for more than six years. Justice Clement Jackson Honyenugah, a retired Supreme Court Judge, was the first trial judge until he went on retirement.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The case docket was later assigned to Justice Gyimah Boadi, who at the outset decided to conduct fresh trial because of what he considered as "suspicions and allegations" from the parties concerned.
Justice Boadi was subsequently transferred and the case was assigned to Justice Aboagye Tandoh.
Before then, the Attorney-General and Minister of Justice, Godred Yeboah Dame, appealed the decision of Justice Boadi to conduct fresh trial and later in a ruling, a three-member panel of judges overturned the decision to start the trial afresh.
In March 2018, the Attorney-General charged Dr Opuni and Agongo with 27 counts for allegedly engaging in illegalities that caused financial loss of GH¢271.3 million to the state, and led to the distribution of sub-standard fertiliser to cocoa farmers.
Agongo is alleged to have used fraudulent means to sell sub-standard fertiliser to COCOBOD for onward distribution to cocoa farmers, while Dr Opuni is accused of facilitating the act by not allowing Agongo's products to be tested and certified, as required by law.
The two accused persons have pleaded not guilty to all the 27 charges and are on GH¢300,000 bail each.
