Josiah
In the trial of Dr. Stephen Opuni, the former Chief Executive of COCOBOD, and two others at an Accra High Court, a plea for a stay of proceedings has been dismissed. The motion also sought to suspend the proceedings pending the determination of an interlocutory appeal against the Court’s decision on October 12, 2023.
Justice Aboagye Tandoh, presiding over the court, ruled that there were no exceptional circumstances presented by the applicant to justify granting a stay of proceedings. The court noted that the arguments put forth by the applicant were rooted in an outdated common law perspective and the applicant’s previous stance on the matter before the court.
Mr. Samuel Cudjoe, counsel for Dr. Opuni, who presented the motion for a stay of proceedings, was unable to complete his argument, citing his participation in another court matter as the reason.
Mr. Benson Nutsukpui, counsel for Seidu Agongo and Agricult Ghana Limited, stated that they had filed an affidavit in support of Dr. Opuni’s plea but expressed regret that Mr. Cudjoe could not argue his points. He emphasized that the court’s adoption of proceedings did not follow the proper procedure and practice and that the documents prepared by the State for the appeal contained numerous errors.
Mrs. Evelyn Keelson, Chief State Attorney, opposed the motion, stating that the State had filed an affidavit in opposition on October 20, 2023, but the parties and the court had not been served. She contended that there was no legal basis for the parties to go through the proceedings before it was accepted and that the applicant had not demonstrated any exceptional circumstances necessitating a stay of proceedings.
Earlier, Mr. Cudjoe had sought another stay of proceedings, mentioning that they had filed an application at the Supreme Court for an order for Certiorari to annul the court’s judgment dated July 25, 2023, in which the court adopted the proceedings. He also indicated that they had applied for a perpetual injunction to prohibit the trial judge from hearing the matter until the proceedings were properly adopted.
The court further dismissed this motion, stating that it would grant a stay if there was an order from the Supreme Court directing such action.
Dr. Opuni and Mr. Seidu Agongo are facing 27 charges, including defrauding by false pretenses, willfully causing financial loss to the state, money laundering, and corruption by a public officer in violation of the Public Procurement Act. Both have pleaded not guilty to the charges and are each on GH¢300,000.00 self-recognizance bail.
Source:Omanghana.com
