Dr. Opuni’s case: 'The unfortunate politicisation of our justice just took a giant step forward' – Arthur Kennedy writes

A leading member of the ruling New Patriotic Party (NPP), Dr. Arthur Kobina Kennedy, has reacted to the brouhaha surrounding the Chief Justice, Justice Gertrude Torkornoo’s decision to change the Supreme Court panel hearing an appeal in the case of the former Chief Executive Officer of COCOBOD, Dr. Stephen Opuni.

Dr. Arthur Kennedy, in a statement sighted by GhanaWeb, asserted that the decision to change the panel for Dr. Opuni’s appeal and recent decisions of the court give credence to suggestions that the court is lopsided towards the government.

"The unfortunate politicization of our justice just took a giant step forward. Without explanation, at the 11th hour, the Chief Justice, Gertrude Torkornoo, replaced three of the justices she had impanelled to hear the appeal in 'The Republic vs Dr. Stephen Opuni & 2 others'.

"This decision, coupled with other decisions made under this government, has deep, lasting, destructive damage to our Judiciary and its reputation," he wrote.

He added, "Didn’t those who made this decision think of Kan Dapaah’s warning about one side winning most of the time? Didn’t they think of President Mahama’s warning that 'We won’t go to the Supreme Court again because we know we won’t get justice’.? How do well-meaning Ghanaians counter Mr. Mahama’s assertions?"

The NPP leading member also took a swipe at the Attorney General and Minister for Justice, Godfred Dame, for his defence of the Chief Justice's decision.

He pointed out that even if the Justice had the power to change the panel of judges, she should have thought of the ramifications of her actions or given a valid explanation to the public.

"While the CJ, like a monarch, didn’t offer any explanation, the AG, who is, on behalf of the government, an interested party, has leapt to her defence, accusing those raising questions of peddling falsehoods. According to the AG, standing on Article 157(3), the CJ has the right to change the composition of any SC panel, as long as the case has not been heard.

"Now, just in case you are wondering, I know nothing about the law but I know a bit of history and have more than a bit of common sense. The common-sense question is not whether the CJ has the right to do what she did but whether she had good, sensible public interest reasons for what she did.

He added, "Nobody believes that the decision was made in a vacuum. Did she have reason to believe the judges who were replaced could not be neutral? In effect, without explanation, the removal of the three justices has put them under a cloud."

Background:

Dr. Opuni, businessman Seidu Agongo, and Agricult Ghana Limited are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the state, corruption by public officers, and contravention of the Public Procurement Act.

The accused persons have been accused of causing a financial loss of more than GH¢271 million to the state in a series of lithovit foliar fertiliser transactions.

The former COCOBOD CEO filed an appeal in the Supreme Court of Ghana to challenge the ruling of the Court of Appeal to quash a ruling by the High Court hearing the matter for the trial to be restarted.

According to a report by theheraldghana.com, the Supreme Court panel handling the case was changed on the day of judgment, leaving many legal experts, including Dr. Opuni's counsel, Lawyer Samuel Codjoe, bewildered.

Both the legal team of the plaintiff and the accused persons had reportedly made their arguments before the earlier panel and submitted their written submissions, and were awaiting the judgment of the court.

The report indicated that the original panel, comprised of Justice Mariama Owusu (Presiding), Justices Yaw Darko Asare, Emmanuel Yonny Kulendi, George Kingsley Koomson, and Henry A. Kwofie, was changed.

The new panel was made up of Chief Justice Gertrude Torkornoo (Presiding), Justices Mariama Owusu, Henrietta Mensa-Bonsu, Yaw Darko Asare, and Ernest Gaewu.

BAI/NOQ

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