The Accra High Court has ordered the Attorney General to do everything within its power to furnish former COCOBOD CEO, Dr Stephen Kwabena Opuni with certain documents to help aid his defence.
On June 7, 2018, the Supreme Court ordered all prosecutors in the country to furnish persons, irrespective of their charges, with prosecution documents to facilitate their defence which had bearing on the Dr Opuni’s case before the High Court.
Dr Opuni and Seidu Agongo, both accused relied on Article 19(2) (e) and (g) and requested the AG to provide them with all documents, including those it will not rely on in the course of the trial.
However, at the Wednesday’s hearing, Mr Samuel Cudjoe, Counsel for Dr Opuni, told the court that the A-G had furnished his clients with certain documents but the defence still needed access to other documents.
He said there was the need for his client to be given access to documents covering all contracts regarding fertilizers during his tenure as well as certain documents which he said, were in the possession of EOCO and other investigative bodies.
Mrs Yvonne Atakora Obuobisa the Director of Public Prosecutions in her response said the A-G had submitted all the documents in its possession to the accused and that what Dr Opuni’s legal team was requesting was not in the A-G’s possession.
“We cannot give what we don’t have,” she argued.
After many backs and forth arguments the presiding judge, Mr Justice Clemence Honyenuga ordered the A-G to do everything within its power to get the accused the documents.
The accused are facing 27 charges, including defrauding by false pretence, wilfully causing financial loss to the state, money laundering, corruption by a public officer and contravention of the Public Procurement Act.
They pleaded not guilty and have been granted a GH¢300,000.00 each self-recognisance bail by the court.
The Court adjourned the case to Monday, July 9 for continuation.