Opuni Trial: Defence Team Challenges Court of Appeal’s Ruling, Requests Guidance from New Judge

The defence team in the five-year-old Opuni-Agongo trial has told the new judge assigned to the case, Justice Aboagye Tandoh, in court, on Wednesday, 12 July 2023, that they have filed an appeal at the Supreme Court against the recent overturn of the second judge’s de novo decision.

The Court of Appeal, in a unanimous decision, said Justice Anokye Gyimah erred when he decided to start the case afresh after he took over from the first judge, recently-retired Justice Clemence Honyenuga, who heard the case for five years.

Justice Gyimah, a Court of Appeal judge, was recently transferred to Kumasi by Chief Justice Gertrude Torkornoo, shortly after she was sworn into office by President Nana Akufo-Addo, thus, the appointment of Justice Tandoh to the case.

On his first day of sitting on the case, Chief State Attorney Evelyn Keelson told the court that following their prosecution team’s successful appeal at the Court of Appeal against Justice Gyimah’s de novo decision, the appellate court directed that the high court adopt Justice Honyenuga’s proceedings and continue where he left off.

Mr Samuel Codjoe, counsel for the first accused person, Dr Stephen Opuni, informed the court that what the chief state attorney did not mention was that the defence team has filed for an appeal at the highest court of the land.

However, Mr Codjoe said pending the hearing of the appeal, “we are here for directions from your lordship”.

He said he believed by now, the registrar of the Court of Appeal has furnished the high court with the ruling and directives and “we shall await my lord’s direction and we will continue from there”.

After listening to both sides, Justice Aboagye Tandoh said an appeal against the decision of the Court of Appeal is yet to be filed on the docket.

Also, he mentioned that there is currently no order restraining his court from proceeding with the case.

The parties are, therefore, to apply for the records of Justice Honyenuga’s proceedings for adoption so the trial continues.

The case has been adjourned to 11 July 2023.