The Deputy Minister for Justice and Attorney-General, Albert Tuah-Yeboah, says the prosecution was certain that Justice Clemence Jackson Honyenuga could have finish the trial of Dr. Stephen Opuni and two others with the six-month mandate.

However, he indicated that the case was delayed, due to the trial High Court, Court of Appeal and the Supreme Court (SC) being bombarded with enormous applications.

Speaking to journalists after yesterday’s sitting, he stated that since the six-month would elapsed just next week, and for the seek of justice and fairness that the presiding judge referred the matter to Chief Justice Anin Yeboah to reconstitute the court.

He said: “When he was given the six months and by the time he was given the six months, he could have finished the matter but legal issues are legal issues, the accused persons have also decided to file an application before him, Court of Appeal and the Supreme Court and they have the right to do so. 

Unfortunately, this is where we are so far as we are operating by this Constitution, you can’t curtail the right of accused person to file an application or to go to the Supreme Court for any other matter to be heard. So it is not as if we knew that he was not going to complete this matter. Per the six-month, if there had not been any of those intervening factors we could have finished.” 

The interview follows an oral application by the deputy A-G before His Lordship Honyenuga to consider removing himself from further hearing, since his mandate expires first week in March 2023.

The application also point to the fact that the first accused (A1) in the trial who was the former Chief Executive (CE) of Ghana Cocoa Board (COCOBOD), Dr Opuni is yet to finish with his testimony.

So far, A1 has called seven out of his eight witnesses before he mounts the box.

This was one of the major concerns raised by the Deputy A-G as well as a pending application filed the second accused (A2) Seidu Agongo.

He told the court: “with  the pending motion, we will like to make a very short submission pursuance to Article 145(4)of the Constitution. My lord was granted a limited mandate to conclude the hearing of this matter. My lord, today is 23rd February, 2023, and the time left for that time to expire is extremely limited. 

It is limited in the sense that A1 has not closed his defence for A2 to also open his. My lord, considering the time left, it is practically impossible for this matter…in the circumstances, we respectfully pray that my lord refer this matter to the Chief Justice to reconstitute… This submission is being made in the interest of justice and fairness. This is our humble Submission.”

He told the court reporters that per the days left the only practicable hat is the practical and realistic thing to do, was to make a suggestion to the court for His Lordship to consider to refer the trial.

Mr. Tuah-Yeboah also indicated that the application was not in away to impose the prosecution will on the court but for the court to consider their submission.

Justice Honyenuga after hear the application and the responses from the BAR, made reference to certiorari and perpetual injunction review application, filed by A1, which was dismissed by the Supreme Court in 7:0 unanimous decision and the details are yet to be made public.

He was hopeful that by Wednesday, the High Court would be able to make s decision on the application after having full appreciation of the superior court’s decision.