Opuni trial cannot start afresh-Supreme Court

The Supreme Court has dismissed an appeal by former COCOBOD CEO, Dr. Stephen Kwabena Opuni which sought a fresh trial for his criminal case before the High Court.

On Wednesday, June 19, 2024, a five-member panel led by Chief Justice Gertrude Torkornoo dismissed the appeal, finding it without merit.

After the retirement of Justice Clemence Honyenuga who presided on the case for almost five years, the case was transferred to Justice Anokye who had to deal with a preliminary application as to whether the case should start afresh or continue.

In his ruling, Justice Anokye Gyimah made an order for a trial De novo which however dissatisfied the state thus leading to an appeal at the Court of Appeal.

The three-member panel of the appellate court unanimously held that the High Court misdirected itself by deciding not to adopt the previous proceedings.

The court subsequently, ordered the High Court to adopt the records and continue with the trial from where it ended.

Therefore being dissatisfied with the above, Dr, Opuni filed an appeal at the Supreme Court.

Background

Dr. Opuni and Agongo, the CEO of Agricult Ghana Limited, are on trial for allegedly engaging in illegalities in a series of fertilizer transactions, which the Attorney-General (A-G) says caused a financial loss of GH¢271.3 million to the state.

They were thus dragged to court by the A-G in March 2018 on 27 charges, including willfully causing financial loss to the state, defrauding by false pretense, contravention of procurement laws, corruption of a public officer, and money laundering.