THE REPUBLIC vs. STEPHEN KWABENA OPUNI, SEIDU AGONGO AND AGRICULT GHANA LTD

The appellant, a former Chief Executive Officer of COCOBOD, was standing trial in the High Court, Accra, together with two others on charges including abetment of crime, defrauding by false pretences, and wilfully causing financial loss to the State. The trial commenced in 2018. At the close of the prosecution’s case, the trial court found a prima facie case on most counts and called on the accused to open their defence. During the defence stage, the original trial judge retired and the case was reassigned. The prosecution applied for the already-taken proceedings to be adopted and the trial to continue, while the appellant insisted that the matter must start de novo. The new trial judge ordered a de novo trial. The Court of Appeal reversed that order and directed adoption of the prior proceedings and continuation of the trial. The appellant then appealed to the Supreme Court. Portion of judgment: paras. 4–6.

JUDGMENT DARKO ASARE JSC: 1. My Lords, the fundamental question argued upon the hearing of this appeal is one of some considerable importance. It touches closely the question whether de nova proceedings are obligatory in criminal cases upon judicial reassignment, and whether it constitutes a longstanding judicial practice that has been entrenched by precedent and can only be overturned by statute. 2. The appeal before us stems from a judgment of the Court of Appeal wherein the learned Justices of Appeal reversed the trial court's decision to commence the instant case de novo, following reassignment to the current trial Judge after the previous trial Judge's retirement. 3. The facts germane to this appeal have been adequately set out in the judgment of the Court of Appeal, and we would only highlight the salient points necessary for the determination of the issues raised in this appeal. 4. At the criminal trial pending in the High Court, Accra, the Appellant a former Chief ...