Opuni trial judge violated constitution & code of conduct - Baako

Veteran journalist, Kwaku Baako Jnr, believes Appeal Court judge, Justice Clemence Jackson Honyenuga, desecrated the 1992 Constitution and the code of conduct for judges injuring his own integrity, by publicly endorsing President Akufo-Addo for another term in office.

According to Mr Baako, what the judge did is nothing short of “unwarranted sycophancy”.

Justice Honyenuga is the judge in the criminal trial of former COCOBOD boss, Dr. Stephen Opuni and Seidu Agongo at the High Court.

The case has been cited by government officials, including the president as a proof of alleged corrupt officials in the previous administration being prosecuted.

Mr Baako is not alone as a research and advocacy group, Center for Ethical Governance and Administration (CEGA), has also asked the Appeal’s Court judge, to resign for “grave misconduct” that violated judges’ code of conduct when he recently endorsed Nana Akufo-Addo for a second term in office.

CEGA, in a statement said judges are forbidden from publicly endorsing or publicly opposing another candidate for political office.

Interestingly days after making the comments, Justice Honyenuga, was announced as among three persons, who have been nominated by the President to be considered for appointment to the Supreme Court, as he was being rewarded for the praises and endorsement.

The other two are Private legal practitioner, Yoni Kulendi and Justice AmaduTanko of the Court of Appeal, however, the ace journalist, feel Justice Honyenuga, lacks the integrity for his upcoming job; the Supreme Court.

“If I were to advise the president; if I had the opportunity I will say, Sir drop him,” Mr Baako stressed.

Justice Honyenuga, who doubles as the Paramount Chief of Nyagbo Traditional Area with the stool name Torgbui Ashui Nyagasi V, endorsed the president at a durbar in late February 2020, saying to President Akufo-Addo, “It is our hope that with your vision and special gains you have made in the economy in your first term, Ghanaians may consider giving you another four years.”.

Speaking on Metro TV’s Good Morning Ghana last Thursday, Kwaku Baako, suggested that Justice Honyenuga, failed on both scores as a judge and a chief with his comments.

“To be honest with you, I had a serious issue with the way the judge/chief, he is a hybrid, went about it. what he did was totally against the code of ethics for judges and magistrates,” Mr Baako who is the Editor-in-Chief of the New Crusading Guide analysed.

Aside going against ethics of his profession as a judge, his pronouncements go against constitutional injunction relative to chiefs and what they do in politics, he explained.

“It was completely wrong, it was needless, indiscreet and I am being charitable, choosing my words carefully.”

As a chief, the ace journalist, who has a soft spot for the sitting president said, you can praise an administration, the president, or the minister for bringing development projects to your community and even ask for more.

“But the very moment you go beyond that framework and endorse a candidate, whether a sitting president or a former president or a parliamentary candidate, you are wrong, completely wrong,” he stressed.

“It is completely needless, it amounts to sycophancy, unwarranted sycophancy, unsolicited endorsement. I cannot stand it; I have to be honest with you. So let’s be clear in our mind, the chief/judge, the hybrid, erred, completely.”

Mr Baako, expects the Appointments Committee of Parliament to “drill and grill him on this faux pas”.

He wants them to particularly find out if he is aware of the code of ethics for judges and how he reconciles that with his action.

“I was going to say skin him apart, but that is unfair language,” he chipped in.

Justice Honyenuga, has been sitting as additional High Court judge in the state’s criminal case against former COCOBOD boss, Dr. Stephen Opuni and businessman, Seidu Agongo, who have been accused of causing financial loss to the state.

Lawyers of Dr. Opuni, have filed a motion at the Appeals Court, asking Justice Honyenuga to recuse himself from the case, and to this the National Communications Director of the National Democratic Congress, was of the opinion should not have been done before Justice Honyenuga see the need to step down from the case.

According to Sammy Gyamfi, “Randy, this is an open and shut case. Judges are supposed to conduct themselves according to the code of conduct for judges which prescribes them from engaging in partisanship and from showing any bias tendencies so that parties before them can be assured of their impartiality.”

According to the NDC director of communications, “given the comments which this judge, chief made when the President visited the Volta Region, clearly I don’t see how Dr. Opuni, Mr Seidu Agongo and their lawyers can feel, can have a sense of security before this judge. Clearly his political neutrality has been compromised by the statements he made”.

“So I even thought he would have saved himself, all these controversies by recusing himself from this case prior to the motion, I am not sure we would have gotten to this point because he had the right. But now he has even been elevated to the Supreme Court… and there are several judges who can sit this case. I know, the Chief Justice will the needful because for me this is an open and shut case. Thejudge can save us the trouble by coming out, recusing himself so that the matter can proceed in a way that assures all parties and the general public that nothing untoward will be done to undermine the rights of any of the parties so that at the end of the day, what is just, what is lawful, what is will be upheld by the court”, Mr Gyamfi said.

The statement signed by Prof. Ohene Adjei Executive Director; Dr. Justice M.K. Aheto, Executive Secretary and Mr George Yankah, demanded that Justice Honyenuga, should resign immediately, and also asked the Chief Justice, should institute a full scale investigation into this “grave misconduct”.

“It is against this background that CEGA finds the recent comments by Justice Clemence Honyenuga very disturbing and highly objectionable. This is a high profile case very dear to President Akufo-Addo in his fight against supposed corrupt officials of the previous NDC government.”

The statement observed Justice Honyenuga’s comments “do not give Ghanaians the hope and trust that he will be an impartial judge over the Opuni case.

“CEGA condemns in no uncertain terms this inappropriate behavior of a senior member of the Bench.”

As part of our observations his outward expressions do not give Ghanaians the hope and trust that he will be an impartial judge over the Opuni case, adding “it is very clear that Justice Honyenuga violated Section A (a) (b) and (c) of Rule 6 of the Code of Ethics for Judges and Magistrates as well as Section (1) Article 276 of the 1992 Constitution”.

According to them “Having breached both the Judicial Act and the Constitution, we demand that;Justice Honyenuga should resign immediately, the Chief Justice should institute a full scale investigation into this grave misconduct and the Chief Justice must put him before the Judiciary Disciplinary Committee of the General Legal Council”.

“Furthermore, the National House of Chiefs should apply the necessary sanctions to him and any other chief who falls foul of the provisions in the Constitution, to save the chieftaincy institution from being further damaged and dragged into partisan politics for parochial gains”, the statement said.