COCOBOD trial: Judge in Opuni's case transferred – Report

The Herald has obtained exclusive details regarding the transfer of Justice Kwasi Anokye Gyimah, who is currently presiding over the criminal case involving Dr. Stephen Kwabena Opuni and Alhaji Seidu Agongo.

The investigation confirms that Justice Gyimah has been removed from the case through a surprise administrative move orchestrated by Chief Justice Gertrude Araba Esaaba Torkornoo.

Sources have revealed that Justice Gyimah, who emphasised the importance of a fair trial, has been reassigned to Kumasi in the Ashanti Region while awaiting the Court of Appeal's decision on his order to start the trial afresh.

The Court of Appeal is set to deliver its judgment on July 3, 2023, regarding the Attorney General's appeal against the restart of proceedings as directed by Justice Gyimah.

The case was initially presided over by retired Justice Jackson Clemence Honyenuga, who faced accusations of bias and was subsequently banned from the case by the Supreme Court.

According to The Herald, Chief Justice Torkornoo personally informed Justice Gyimah of his transfer via a phone call.

Subsequently, a transfer letter was sent, instructing him to vacate the High Court - Land Court 2 in Accra and relocate to Kumasi immediately.

Many legal experts suspect ulterior motives behind the sudden transfer, noting that such actions are typically carried out during legal vacations.

The timing of the transfer, coinciding with Justice Gyimah's involvement in the Opuni case and his decision to start the trial afresh, have raised some suspicions of punitive intentions.

Justice Honyenuga, a retired Supreme Court judge who faced several controversies and accusations of bias, was initially prohibited from presiding over the case in July 2021 by a five-member panel of the Supreme Court, led by his close associate Justice Jones Dotse. However, upon review, the Attorney General filed an appeal, and in a subsequent 4-3 decision, Justice Honyenuga was reinstated.

Upon taking over the case, Justice Gyimah firmly stood his ground, asserting that given the high-profile and politically sensitive nature of the trial, it would be unfair to continue with proceedings that were marred by numerous allegations. He stated that "starting the trial 'De Novo' (afresh) would provide the court with firsthand information and ensure a fair trial for the accused."

To facilitate the fair trial, Justice Gyimah ordered the parties to file their witness statements by April 21, with case management scheduled for April 25.

However, with his unexpected transfer, it is evident that he will no longer be hearing the case, due to the administrative decision made by Chief Justice Torkornoo.

Meanwhile, during the adjournments, the government faced challenges in presenting its witnesses to prove its claims of financial loss to the state against Dr. Opuni, Alhaji Agongo, and Agricult, an agro-based private company owned by Alhaji Agongo. Attorney General Godfred Yeboah Dame subsequently filed an appeal with the Court of Appeal, alleging that Justice Gyimah had "misdirected himself" regarding the adoption of evidence in the trial.

Despite multiple adjournments, the government still failed to file its witness statements by the assigned dates. The Chief State Attorney, Evelyn Keelson, requested a further adjournment to July 12, which was granted by the court.

In parallel, the Court of Appeal, presided over by Justice Philip Bright Mensah, with Justice Ernest Owusu-Dapaah and Justice Jennifer Dadzie as panelists, heard arguments from the Attorney General against starting the case afresh.

The Attorney General, Godfred Dame, is said to have prayed to the Court of Appeal to quash Justice Gyimah's decision to start the case de novo.

Mr. Dame argued in his application that the high court judge “misdirected himself” in the application of the principles regarding the adoption of evidence in a trial.

The AG also argued that the ruling “has occasioned a miscarriage of justice, as it will hinder an efficient trial of the accused persons in the instant case”. The retired Justice Dotse, in a Supreme Court ruling on January 24, 2023, acknowledged the absence of specific legal provisions regarding whether part-heard trials should start de novo or be adopted by the new judge. He called for urgent reforms in this aspect of Ghana's criminal justice system to ensure progress in the prosecution of criminal cases, particularly corruption-related cases.

About Justice Gyimah:

Known for his diligence and no-nonsense approach, Justice Gyimah is a devout Christian and a chorister in his church. With approximately seven years of experience on the bench, he joined the judiciary following a successful period in private practice.

He graduated from the Ghana School of Law as the best student in 2002, surpassing renowned legal academic Professor Kofi Abotsi, who is currently the Dean of UPSA Law School. Both Justice Gyimah and Prof. Abotsi were top graduates from the University of Ghana's Faculty of Law.

Furthermore, Justice Gyimah obtained an LLM degree in International Criminal Justice and Armed Conflict from the University of Nottingham in 2005. In February 2017, he received a Professional Achievement Award at the British Council Ghana's Alumni Awards Gala night.

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