I started hearing Opuni case in May 2018 – Honyenuga backs down on case delay claims

Justice Clemence Jackson Honyenuga who has been hearing the GH¢217million financial loss case against former Ghana Cocoa Board CEO Stephen Opuni, businessman Seidu Agongo and agrochemical firm Agricult Company Limited, has parried the “noise” being made in the public domain that the case has delayed for six years.

Mr Agongo and his company, Agricult, are being tried along with Dr Opuni, for the alleged fraudulent procurement of Lithovit Liquid Fertiliser for COCOBOD from the businessman’s company.

They are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the state, money laundering, and corruption by a public officer in contravention of the Public Procurement Act.

They have pleaded not guilty to the charges and are each on a GH¢300,000.00 self-recognisance bail.

Adjourning the hearing on Wednesday, 8 February 2023, due to the absence of the second accused person, Mr Agongo, as a result of ill health, the Supreme Court judge who has been sitting on the case as an additional High Court judge for the past four years, said he was doing so with a “heavy heart”, especially since he has been given a limited time by the Chief Justice to close the matter.

“I must state that it is very unfortunate that this case cannot proceed at the time when a lot of noise has been made about this case being delayed and others say this case has been delayed for six years,” Justice Honyenuga told the court.

He clarified: “Serious hearing started in 2018, so, it cannot be six years”.

“It is a fact that although the warrant for me to hear this case is dated March 16, 2018, actual hearing of this case started in May 2018”, he explained, questioning: “Wherein lies the six years being talked about?”

Justice Honyenuga added: “It is a fact that I have limited time to hear this matter and with a heavy heart that I have to adjourn this case today”.

“I will order the Principal State Attorney to find out from the Attorney General whether or not he sent any person or persons to verify whether the second accused [person] had attended the Korle-Bu Teaching Hospital yesterday, February 7, and report to this court on the next adjourned date,” he said in court.

Also, Justice Honyenuga ordered he registrar “to go to the 37 Military Hospital to find out whether, indeed, the second accused [person] is on admission at the said hospital”, adding: “The registrar shall report his findings to this court by the next adjourned date.”

He further ordered that the second accused person “shall produce to this court, medical report of his admission at the 37 Military Hospital at the next adjourned date”.

“In order not to come back to this court for another adjournment, I will adjourn this case to Monday, February 13, to enable the second accused [person] to be present for proceedings to continue.”

About a week ago, Attorney General Godfred Dame said he found it unacceptable and unfair that the criminal trial had been in court for six years.

“I find it highly unreasonable and unfair for so-called high profile criminal cases involving simple summary offences of fraud, wilfully causing financial loss to the state and money laundering to drag on for years in our courts while similar cases filed against perceived ordinary members of society are quickly or rapidly concluded most of the times within about six months to one year”, Mr Dame told journalists on Thursday, 2 February 2023.

“We have witnessed the failure of the High Court to resolve the Opuni trial for the past six years. This is simply unacceptable”, he noted.

“It is unacceptable for such a case to stay at the court for six years when other more complex cases of murder, secession and other offences bordering on the security of the state are more speedily resolved”, he insisted.

“The Judiciary clearly must play its part in the eradication of corruption,” he stated.

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