Wholesale adoption of error-ridden Honyenuga proceedings 'alien to practice' – Opuni's lawyer

The lawyers for the former Cocobod CEO have accused the new judge assigned to the case, Justice Aboagye Tandoh, of flouting standard practice by unilaterally adopting the first judge's proceedings without conferring with the parties involved to ascertain whether the records are a reflection of what has been transpiring in court until he took over the case from Justice Kwasi Gyimah, the second judge who sat on the matter shortly before being transferred to Kumasi after he decided to start the case de novo.

Justice Gyimah took over from first judge Clemence Honyenuga, who heard the matter for close to five years before retiring.

Mr. Samuel Cudjoe, who is leading Dr. Stepehn Opuni's legal team, told the court on Thursday, October 12, 2023, that Justice Tandoh erred when he decided to adopt Justice Honyenuga's mistake-riddled proceedings.

He said the judge's conduct was "alien to the practice".

In moving a motion to stay the proceedings and set aside Justice Tandoh's July 25, 2023, ruling to adopt Justice Honyenuga's proceedings, Mr. Codjoe argued: "My Lord, it is our submission that this ruling has no basis in law and that this court erred in coming to the conclusion to adopt the proceedings in the way in which it did; that is: by not going through the proceedings with the representatives of the parties to agree what constitutes the record".

According to him, “the parties have the legal and constitutional right to correct any error in the record, and, in fact, the court itself is required to ensure that the records are correct".

"Indeed," Mr. Codjoe continued, "in the Court of Appeal, when the records of appeal were compiled, the record of appeal contains the entire proceedings of the case. We drew the attention of the court to numerous errors, mistakes in the transcript. This record, we submit, is what this court has adopted".

Citing several authorities to back his argument, Mr. Codjoe drew the court’s attention to three areas where the court’s inherent jurisdiction can be invoked, which include where it is necessary to prevent wrong or injury being inflicted by the court’s own judgment or on doing what it had no authority to do originally.

"My Lord, what is not in doubt is that adoption of proceedings required that all parties should agree what the proceedings are and what constitutes the proceedings. With proceedings, we also submit it also consists not only the testimony of the parties but also the exhibits, rulings and orders, and a court is required and has no option but to follow this approach", Mr. Codjoe insisted.

"What is clear is that the parties have to go through the records and ensure that the record is an accurate reflection of what took place in court, and if there are any errors same should be corrected", he stressed, pointing out: "In this particular case, the court did not abide by this binding position".

However, Principal State Attorney Stella Ohene Appiah counter-argued, while relying on the affidavit she personally swore to on September 8, 2023, that “My Lord, we wish to add that this court rightly ruled in law when it made the ruling that it has adopted proceedings of the court differently constituted".

She stated, “Parties are not the ones to decide on what the proceedings should be", emphasising: "The adoption of the proceedings without consulting the parties, who do not have the power in any way, is the right thing the court did".

"I, therefore, asked that the application should be refused for this case to continue".

After hearing the arguments from both sides, Justice Tandoh ruled that the "motion is devoid of merit, and same is dismissed".

Meanwhile, Justice Tandoh has indicated that the case will now be heard on a daily basis starting from Friday, October 13, 2023, until December 7, 2023, when a new schedule will be announced.