A justice of the Supreme Court, hearing the case of former COCOBOD boss and two others at the High Court, Clemence Honyenuga has expressed concerns over his limited time over the GH¢2.1 billion cocoa trial.

Due to this limitation, Justice Honyenuga had a heavy heart adjourning the the trial when the second person, Seidu Agongo was allegedly taken ill to the 37 Military Hospital on this week’s Tuesday night.

Although the cause of the illness is unknown, Mr Agong, businessman who has been accused with company Agricult Ghana Limited for defrauding by false pretences and money laundering, counsel said he was on admission.

Nutififa Nutsukpi esq, holding brief for Benson Nutsukpi, told the court, after the case was called and his client was not present, that although Mr Agongo was scheduled for a review a day before the adjournment day, he was delayed from morning to evening between 4 -5:00pm at the hospital.

This delay, he connected it to the Attorney-General calling or sending his officers to the Korle-Bu Teaching Hospital to verify whether the Second accused was indeed receiving treatment from the health facility.

According to the counsel, such had never been the case for his client to be delayed at the hospital for several hours.

The counsel explained that it was after he returned home from the Korle-Bu Teaching Hospital that very evening that he was rushed to the 37 Military Hospital in the night.

While on his feet, he told the court that he is reliably informed that MIR scan and other tests were being run on him.

Furthermore, he said the information about the A-G calling or sending officers to verify about A2 attendance to the hospital was relay to his clients by the doctors attending to him.

Similarly, he was informed about the second accused’s latest admission at the 37 Military Hospital by the latter counsel on record Benson Nutsukpi.

Mr Nutsukpi added that the A-G can still call or send his officers to verify whether the second had been admitted at the said hospital or not.

He prayed the court for adjournment to enable them furnished it with the necessary documentation from the hospital.

However, the Principal State Attorney (PSA) Stella Ohene Appiah claims no knowledge of what the counsel had told the court.

She, nevertheless, assured the court that she would cross-check the information from her senior in the case but the latest information on the hospitalisation of A2 was new to her.

It was at this instance, His Lordship expressed concerns over public outburst over the case being dragged for six years.

He vehemently objected to the accusation, saying the warrant to hear the case was issued on March 16, 2018 and the actual hearing start in May of the same year.

The judge said: “I must state that it is very unfortunate that this case cannot again proceed as at times that lots of noise being made that this case having been delayed for six years.

Although the warrant to hear this case is dated 16th March, 2018. Actually hearing of this case started may 2018 where it lies the six years being talked about.

“Furthermore, it is a fact that I have limited time to hear this matter and it is with a heavy heart that I have to adjourn this case today.”

In the circumstance, he said in order not to come back to this court for another adjournment, the case was pushed to Monday, February 13 to enable A2 to be present for the case to be continued.

He further ordered that A2 should produce to this court medical report on Admission at the 37 Military Hospital at the next adjourned date.

Again, the Principal State Attorney was ordered to find out from the A-G whether or not he sent any person or persons to verify whether A2 attended the Korle Bu Teaching Hospital on February 7, and report to the court on the next adjourned date.

Meanwhile, he said: “I order the registrar of this court to go to the 37 Military Hospital to find out whether A2 is on Admission at the said hospital.”

Background

The state has accused Dr Stephen Kwabena Opuni, former Chief Executive (CE) of Ghana Cocoa Board (COCOBOD), Seidu Agongo and his company Agricult Ghana Limited of causing financial loss to the Republic of Ghana to the tune of GH¢2.1 billion, defrauding by false pretences, money laundering and circumvention of the prosecution Act.