The Supreme Court has granted a review application by the Attorney General which sought to set aside the court’s earlier decision barring Justice Clemence Honyenuga from continuing as Judge in the trial of former COCOBOD CEO, Dr Stephen Opuni.
Lawyers for the former CEO of COCOBOD has argued that Justice Doste while acting as the Chief Justice had met with the Attorney -General – Mr Godfred Yeboah Dame, and therefore there was the likelihood that he would be biased.
However, the court unanimously dismissed the application for Justice Jones Dotse to recuse himself from the review panel.
A five-member panel presided over by Justice Gabriel Pwamang, however, refused the application on the basis that Dr Opuni did not support his application with any reasonable grounds.
The Review was constituted to hear the AG’s appeal against the earlier decision by the court to have trial judge Honyenuga JCS (sitting as additional high court judge) to step aside from the Opuni case.
The Supreme Court on October 12 heard the AG’s review application with an additional 2 judges to the initial 5-member panel.
The court in its 4-3 Tuesday ruling on the matter said the AG’s application succeeds.
The Minister of Justice and Attorney General, Mr Godfred Yeboah Dame, had said that the ruling of the highest court of the land stopped the case against former COCOBOD CEO Stephen Kwabena Opuni, businessman Seidu Agongo, and Agricult Ghana Limited, contained fundamental errors.
According to him, the fundamental errors occasioned a miscarriage of justice. To that end, he said in his statement of case filed at the Supreme Court registry on 18 August 2021the judgement ought to be reviewed.