General News of Wednesday, 24 January 2024

Source: www.ghanaweb.com

Supreme Court dismisses Opuni's application to prohibit trial judge over bias claims

Dr. Stephen Opuni Dr. Stephen Opuni

The Supreme Court has rejected an application filed by Dr. Stephen Opuni, seeking the court's intervention to prohibit the trial judge from presiding over his case, myjoyonline.com reports.

Dr. Opuni alleged persistent acts of bias on the part of the trial judge, expressing concerns that a fair trial would not be possible if the judge continues.

In his statement of claim, Dr. Opuni contended that the trial judge had already taken a position in the matter, making his application necessary to ensure a fair adjudication.

The former CEO of Ghana Cocobod, along with Seidu Agongo, and the Managing Director of Agricult Ghana Limited, is facing prosecution for alleged procurement breaches and causing financial loss to the state in a fertilizer deal.

Dr. Opuni raised objections based on the unavailability of proceedings adopted by the High Court on July 25, 2023.

He asserted that despite the extensive nature of the proceedings, they were not made available to his legal team.

The applicant expressed suspicion when the judge refused to make further orders for the proceedings to be provided.

Chief State Attorney, Evelyn Keelson, opposed the application, asserting that Dr. Opuni failed to present credible evidence of bias.

She argued that the applicant's claims were mere allegations and complaints, emphasizing that the judge had given directives for all parties to apply for the proceedings.

Keelson pointed out that Dr. Opuni waited until the day of the proceedings' adoption to request them, and criticized the applicant for not properly invoking the Supreme Court's inherent jurisdiction.

The panel of five justices, led by Justice Gabriel Pwamang, read, "We have read the processes filed and listened to both lawyers, and we are not convinced that the trial judge exhibited any bias. We hereby dismiss the application for prohibition."

NAY/AE