By Yvonne Asare-Offei
Director of Public Prosecution, DPP Yvonne Attakora Oboubisa says that her office has not been served with any Motion by the Lawyer for the first accused person seeking the Presiding Judge to recuse himself from hearing the case of the Republic versus Stephen Opuni and two others.
It was her view that Defense Counsel could have informed her earlier when they came to court today, December 13, 2021.
In his response Defense Counsel, Samuel Codjoe told the Court that they filed the motion on Friday, December 10, 2021 and had served on the AG Department of which they acknowledged receipt this morning after it was signed.
The DPP said that she believes that it was received at the AG’s Secretariat but, nothing had come or has been referred to the Prosecution. She said that the Motion set for Thursday, December 16, 2021, should not operate as a stay till the matter is determined.
The date they agreed on set by the Court must be respected and the case must continue.
Defense Counsel in his response said that the DPP is urging the Court to engage in an act which is strictly prohibited by a decided case which by virtue of Article 129(3) of the Constitution is binding on the court. He denied the allegation against him, referring to the fact that when he filed the motion and fixed it for Thursday it was wrong but should have been today as the date of hearing was misleading.
Mr. Cudjoe explained that when it comes to giving a date it is the Registrar who gives it. He added that even as Prosecution is in court today, they have still not been served as she claims, how would she have argued this application when she has not even been served, he added that the conduct of the DPP in opposing the application is most unfortunate and the Court cannot go ahead with the case until the motion had been adjudicated.
The submission by the DPP is unconstitutional citing Article 129(3)which makes it mandatory that the High Court is bound by the decision of both the courts of Appeal and the Supreme Court.
The Criminal Division of the Accra High Court presided over by Justice Clemence Honyenuga in his ruling after the submission of both lawyers, adjourned the case to the 16th of December , 2021, awaiting directives of the Chief Justice.
