The Court of Appeal has overturned the ruling of the Accra High Court to conduct a fresh trial for Dr. Stephen Kwabena Opuni and Seidu Agongo.
The three-member panel unanimously concluded that the trial court made an error in disregarding the previous proceedings when a new judge took over the case.
Adopt the records
The Court of Appeal, led by Justice Philip Bright Mensah, alongside Justices Jennifer Dadzie and Dr. Ernest Owusu-Dapaa, ruled in favor of the Attorney-General’s appeal.
They ordered the High Court to continue the trial from where it left off, adopting the records of the previous trial.
Trial
Dr. Opuni and Agongo, the CEO of Agricult Ghana Limited, were taken to court in March 2018 on allegations of causing a financial loss to the state through transactions involving Lithovit Foliar fertilizer.
The state prosecutors claim that the fertilizers were of substandard quality, leading to a loss of over GH¢271 million. Agongo is further accused of using fraudulent methods to sell the fertilizer to COCOBOD for distribution to cocoa farmers.
New judge
Following five years of trial, Justice Clemence Honyenuga, a Justice of the Supreme Court with additional responsibilities as a High Court judge, retired in March 2023. As a result, a new judge, Justice Kwasi Anokye Gyimah, was appointed by the Chief Justice to preside over the case.
The prosecution subsequently filed an application requesting the High Court to adopt the previous proceedings of the case under Justice Honyenuga. However, in a ruling on April 4, 2024, Justice Gyimah determined that starting the trial afresh would be fairer due to the numerous allegations surrounding the proceedings under Justice Honyenuga.
Appeal
The A-G then filed an appeal at the Court of Appeal challenging the decision of the High Court to start the trial afresh, with a case that the decision was against the tenets of fair trial.
It is the case of the A-G that Justice Gyimah misdirected himself by the manner in which he refused to adopt the evidence already adduced at the trial.