[2023]DLCA16446 • April 4, 2023 • Court of Appeal
THE REPUBLIC vs. STEPHEN KWABENA OPUNI , SEIDU AGONGO , AGRICULT GHANA LTD.
The case involves criminal charges against Stephen Kwabena Opuni, Seidu Agongo, and Agricult Ghana Ltd. The trial had been ongoing for over five years before the original judge retired. The prosecution had closed its case and the first accused had opened his defense, calling seven witnesses. The case was transferred to a new judge who was to decide whether to adopt the previous proceedings or order a trial de novo.
read moreRULING Introduction By an order of transfer dated 20th March 2023, his Lordship the Chief Justice transferred this case to me to handle after the original judge handling the matter retired from the Judicial Service and exhausted the six months extension that was given to him by the Chief Justice without having concluded the matter. Parties and their counsel were duly notified to appear before me on 30th March 2023 and on that day, I invited arguments from counsel on the way forward with the case. Prosecution’s arguments in support of adoption of proceedings The prosecution led by Chief State Attorney Evelyn Keelson submitted that the court should adopt the proceedings that had taken place before his Lordship C. J. Honyenuga JSC and continue with the trial. They argued that there is no law that inhibits the court from adopting proceedings and further that if the court adopts the proceedings, there will be no miscarriage of justice. Counsel referred the court to cases such a.....