COCOBOD trial: Justice Gyimah to be transferred from Opuni’s case – Report

Justice Kwasi Anokye Gyimah, the Court of Appeals judge presiding over the ongoing trial of former Chief Executive Officer of the Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, is reportedly about to be transferred.

According to a news report by theheraldghana.com, its sources at the court have indicated that plans are underway for a new judge to take over the case of Dr. Opuni and Alhaji Seidu Agongo, a businessman.

The report indicated that Justice Gyimah is getting ready to park out of his courtroom, Land Court 2, on the Ground Floor of the High Court Complex in Accra.

It also stated that it is not clear whether the newly installed Chief Justice, Justice Gertrude Araba Esaaba Torkornoo, is aware of the move to transfer Justice Gyimah.

Justice Gyimah, since he took over the Opuni case, has made some orders against the case of the state.

He was assigned the case upon the retirement of Justice Clemence Honyenuga, who heard the case for five years, and the expiration of an additional six-month extension of his mandate by former Chief Justice Anin Yeboah.

On April 4, 2023, the new judge, Justice Gyimah, decided to start the case anew since, in his opinion, the previous proceedings were "replete with applications upon applications" from "both counsel for the accused persons challenging various aspects of the conduct of the proceedings before the previous judge, some of which applications are currently pending before the Supreme Court, with another one currently pending before me".

Justice Gyimah also said Section 80(2)(a) of NRCD 323 enjoins the court to assess a witness’s demeanour in determining his or her credibility.

“Much as that may be the right position, in a criminal trial where the liberty of the accused is at stake and where the accused is, by law, presumed innocent and also entitled to a fair trial, any factor, however, minimal or insignificant its effect, that will enhance the opportunities for the fair trial of an accused person should not be overlooked by the court".

“The drafters of NRCD 323 knew why they placed that provision in the Act, and, as a statutory provision, a court that is meant on doing justice in a criminal trial should, as much as is within its power, make sure that the said statutory provision is observed”, he said.

However, the Attorney General, Godfred Dame, has prayed to the Court of Appeal to quash Justice Gyimah's decision to start the case de novo.

Mr. Dame argues 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 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”.

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