By Barbara Kumah
The Court of Appeal has reversed a decision by the High Court in Accra to start the trial of former COCOBOD boss Dr. Stephen Kwabena Opuni and businessman Seidu Agongo afresh.
In a unanimous decision on Monday, July 3, 2023, a three-member panel of the court ruled that the trial High Court misdirected itself with its decision not to adopt the previous proceedings of the previous Court, which was presided over by the retired Justice of the Supreme Court, Justice Clemence Honyenuga.
The trial of the former Cocobod CEO, Dr. Opuni, and businessman Seidu Agongo, the CEO of Agricult Ghana Limited, an agro-chemical company, began in 2018, and they have been accused of allegedly causing financial loss of over GH¢271 million to the state in the purchase of Lithovit Foliar fertiliser.
Prosecution throughout the nearly six-year trial has held the view that the fertiliser was not of good quality and has accused Seidu Agongo of allegedly fraudulently selling fertiliser to COCOBOD.
In March 2023, the recently retired Chief Justice, Justice Anin Yeboah, appointed a new judge, Justice Kwasi Anokye Gymah, to the case after the retirement of Justice Clemence Honuenuga. The prosecution then filed an application requesting the High Court to adopt the previous proceedings of the case before Justice Honyenuga, which had been ongoing for nearly six years.
The High Court, however, in a ruling on April 4, 2024, ruled for the trial to start afresh, explaining that it would be unfair for him to adopt the proceedings of the previous court, which had been saddled with numerous allegations. The Attorney-General then filed an appeal at the Court of Appeal challenging the decision of the High Court to start the trial afresh, arguing that the decision was against the principles of a fair trial.
The three-member panel of the Court of Appeal presided over by Justice Philip Bright Mensah, ordered the High Court to adopt the records of the previous trial and continue the trial from where it ended. The court made the decision after it upheld an appeal filed by Attorney-General Godfred Yeboah Dame.