A three-member Court of Appeal panel, presided over Justice Philip Bright Mensah, has by unanimous decision ordered the Accra high court hearing the case of the Republic versus Stephen Kwabena Opuni and two others to adopt proceedings from the trial conducted by the previous judge, who heard the case from 2018 till March 2023.
The decision by the Court of Appeal followed an appeal by the Attorney General, Godfred Yeboah Dame, which challenged the decision of the high court, presided over by Justice Kwesi Anokye Gyimah, not to inherit proceedings from the court presided over by Justice Clemence Honyenuga (now retired), which started the trial in 2018.
By court
According to the Court of Appeal panel, which included Justice Ernest Owusu Dapaah and Justice Jennifer Abena Dadzie, the decision of Justice Kwesi Anokye Gyimah not to adopt the proceedings from the previous court amounted to a misdirection of the court’s powers.
The court further concluded that considering the circumstances of the case in question (the Republic versus Stephen Kwabena Opuni and two others), justice will be better served if the proceedings are adopted for the new trial judge to continue from where the previous court left off.
“The decision of the high court is referred to this court, and the appeal is allowed in its entirety,” the Court of Appeal ruled.
“The proceedings of the previous court presided over by Justice Clemence Honyenuga be adopted by the high court differently constituted, and the registrar of the high court is ordered to do so accordingly.”
AG on new bill
After the proceedings in court, the Attorney General and Minister of Justice, Godfred Yeboah Dame told journalists that he believes the Court of Appeal’s decision will ensure fairness to both sides of the case (prosecution and defence).
He also announced that his office has drafted a bill aimed at improving Ghana’s criminal jurisprudence. One of the provisions in the new bill, he said, addresses the challenge of adopting proceedings in criminal trials by other courts, in the event that another trial court or judge is unable to conclude a matter before them.
Listen to Godfred Dame in the audio clip attached below:
Material facts
After more than two years of trial, the prosecution in the case of the former COCOBOD boss Stephen Kwabena Opuni and the businessman Seidu Agongo closed its case against the accused persons on 29 March 2021.
The two accused have been on trial at the high court in Accra since March 2018.
The prosecution, led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, called seven witnesses to prove the charges against the accused. They were cross-examined extensively by defence lawyers over a period of about six months in some instances.
Reporting by Wilberforce Asare in Accra
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