The Court of Appeal has set aside a High Court ruling to conduct the trial involving Dr Stephen Kwabena Opuni, a former Chief Executive of COCOBOD and two others, afresh.
A three-member panel in a unanimous decision on July 3, 2023, held that the High Court misdirected itself when it decided not to adopt the previous proceedings of the six-year trial when a new judge took over the case.
Justice Anokye Gyimah was assigned the case following the retirement of Justice Clemence Honyenuga on April 4, 2023.
Justice Anokye Gyimah ruled that the trial would start afresh to enable him, among other things, to observe the demeanor of witnesses.
Mr Godfred Yeboah Dame, the Attorney-General, dissatisfied with the decision, appealed against the decision, challenging the decision to start the trial afresh.
The Court of Appeal in its unanimous decision said the proceedings of retired Justice Clemence Honyenuga’s be adopted by the High Court differently constituted.
The Court of Appeal presided over by Justice Philip Bright Mensah had other members as Justice Ernest Owusu-Dapaah and Justice Jennifer Dadzie.
Justice Anokye Gyimah has since been transferred awaiting a new judge to take over the trial.
Dr Opuni and Mr Seidu Agongo, a Businessman, are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the State, money laundering, and corruption by public officer in contravention of the Public Procurement Act.
They have both pleaded not guilty to the charges and are on a GH¢300,000.00 self-recognisance bail, each.
