The Supreme Court has stopped Justice Clemence Honyenuga from continuing with the trial in the case of the Republic Versus Dr Stephen Opuni and two others at the High Court.
The five-member panel presided over by Justice Jones Dotse, in a three-two majority ruled that Justice Honyenuga, a Justice of the Supreme Court is prohibited from continuing with the trial.
The panel also granted the request for portion of the ruling on submission of no case to be quashed. Reasons of the Court will be made available at the Court registry on Friday, July 30.
Lawyers for Dr Opuni, on the 13th of this month, told the Supreme Court how one of two evidence which gave contrasting accounts on Lithovite fertiliser was rejected by Justice Clemence Honyenuga, as he seeks the Judge’s removal from the COCOBOD case.
Moving the application for Justice Honyenuga to be prohibited from the case, Samuel Codjoe, Lead Lawyer for Dr Opuni, argued that a statement given by a farmer which said Lithovite fertiliser was good was rejected and another one which a farmer said Lithovite was bad was accepted.
He contended that the accused person senses a possible bias and would not be given fair hearing if the Judge is allowed to continue with the case.
Lawyer Samuel Codjoe argued that the motion was to invoke the supervisory jurisdiction of the Supreme Court.
Counsel argued further among other things that there was a breach of natural justice when they were not given the opportunity to be heard when rejecting some documents which strengthen the case of his client.