[2021]DLSC10770 • July 28, 2021 • Supreme Court •
REPUBLIC vs. HIGH COURT (CRIMINAL DIVISION 1), ACCRA EXPARTE: STEPHEN KWABENA OPUNI , ATTORNEY-GENERAL
The applicant, former CEO of Cocobod, was charged with multiple counts including abetment of defrauding by false pretences and causing financial loss to the state related to procurement of adulterated Lithovit Foliar Fertilizer. The prosecution presented evidence including police witness statements and reports indicating the fertilizer was ineffective and harmful. The applicant challenged the exclusion of certain police witness statements favorable to his defense, which were rejected by the trial judge as hearsay.
read morePWAMANG JSC:- My Lords, the applicant before us prays the court to exercise our supervisory jurisdiction and quash by an order of Certiorari, “part of the ruling of the said High Court (Criminal Division 1), Accra dated 7th day of May, 2021 which rejected exhibits 58, 59, 60…74 and 75 from the evidence and for an order of Prohibition to prohibit His Lordship Justice Clemence Jackson Honyenuga (JSC) sitting as an additional High Court Judge from continuing with Case No. CR/158/2018- Republic v Stephen Kwabena Opuni, Seidu Agong, Agricult Ghana Limited.” As grounds for the application, the applicant pleads grievous error of law, breach of the right to be heard and real likelihood of bias. The brief background to the application is this. At the criminal trial pending in the High Court, Accra, the applicant who used to be the Chief Executive Officer of Cocobod has been charged together with two others on various counts including abetment of defrauding by false pretences and will...