High Court Rejects Motion for Stay of Proceedings in Opuni Trial

An Accra High Court overseeing the trial of Dr. Stephen Opuni, the former Chief Executive of COCOBOD, and two others has rejected a request for a stay of proceedings. The motion sought to suspend the ongoing trial until the determination of an interlocutory appeal filed against the Court’s decision on October 12, 2023.

Justice Aboagye Tandoh, presiding over the case, stated that there were no exceptional circumstances presented by the applicant to justify the grant of a stay of proceedings. The court ruled that the applicant’s arguments were based on an old common law perspective and his previous opinion on the matter before the court.

Samuel Cudjoe, the counsel for Dr. Opuni, who presented the motion for a stay of proceedings, was unable to complete his argument in support of the motion, citing his participation in another case in a different court.

Benson Nutsukpui, counsel for Seidu Agongo and Agricult Ghana Limited, noted that they had filed an affidavit in support of Dr. Opuni’s plea but expressed regret that Cudjoe was unable to present his points. He argued that the court’s procedure for adopting proceedings did not conform to established legal practice, which called for proceedings to be assembled and adopted by the parties before court adoption.

Evelyn Keelson, Chief State Attorney, objected to the motion, emphasizing that the State had filed an affidavit in opposition, although the parties and the court had not been served. She stated that they had waived reference to the affidavit in opposition and would only argue on points of law, implying that there was no legal basis for the parties to go through the proceedings before it was accepted.

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Keelson contended that the applicant had failed to demonstrate any exceptional circumstances justifying the grant of a stay of proceedings.

Cudjoe then sought another stay of proceedings, stating that they had filed an application at the Supreme Court to annul the court’s judgment dated July 25, 2023, in which the court adopted the proceedings. He also applied for a perpetual injunction to prohibit the trial judge from hearing the matter until the proceedings were properly adopted.

He argued that the court should await the Supreme Court’s decision since it directly impacted the motion for a stay. A hearing date for the Supreme Court application would be set 25 days after service on the respondent and interested parties.

In response, Keelson contested the motion, asserting that the Supreme Court appeal had no bearing on the request for a stay of proceedings before the court. She argued that simply filing an application with the Supreme Court did not automatically result in a stay. Keelson maintained that there was no legal basis to halt the court from continuing the case.

The court, once again presided over by Aboagye Tandoh, dismissed this motion, emphasizing that a stay would only be granted if the Supreme Court issued an order directing the trial judge to stay proceedings. Dr. Opuni and Mr. Seidu Agongo are facing a total of 27 charges, including defrauding by false pretenses, willfully causing financial loss to the state, money laundering, and corruption by a public officer in contravention of the Public Procurement Act. Both defendants have pleaded not guilty and are each on a GH¢300,000.00 self-recognizance bail.

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