Stephen Kwabena Opuni
The trial of former Chief Executive Officer of Ghana Cocoa Board (COCOBOD), Stephen Kwabena Opuni, who is accused of causing over GH¢217 million financial loss to the state, was yesterday adjourned after his witness was absent from the trial and the court was told he was unwell.
Lawyer for Seidu Agongo, who is standing trial alongside the former COCOBOD boss, was expected to continue his cross-examination of the witness.
Samuel Codjoe, counsel for Dr. Opuni, presented the court with an excuse duty and indicated that the witness called him last Friday to inform him that he had not been well “and if I will add that he had complained to me consistently that he wasn’t well in the course of giving evidence.”
Mr. Codjoe said the witness said he has spinal problem and “he got somebody to send me the excuse duty issued by the medical officer who attended to him. I tried getting my learned friend, that is, the prosecution and counsel for A2 and A3 to inform them about this state of fact. Unfortunately, I couldn’t get them on phone. This explains why they did not have prior notice.”
The court, presided over by Justice Clemence Honyenuga, a Supreme Court judge sitting as an additional High Court judge, asked the lawyer whether the witness was on admission and Mr. Codjoe said no, adding that the witness had indicated that he had been asked to go on physiotherapy at the hospital.
Evelyn Keelson, a Chief Sate Attorney after taking a look at the excuse duty observed that it does not really say much except to indicate an ailment and two weeks’ excuse duty, adding that the witness is not on admission and it does not state why the two weeks is being given.
Nutifafa Nutsukpui, counsel for Seidu Agongo, on his part said he has no competence in determining anything that is on the medical excuse duty, and once it has to do with the witness’s health “we can only wish him speedy recovery so that he will be fit enough so that we can complete our cross-examination.”
Justice Honyenuga indicated that it was unfortunate that the witness is unwell and therefore the court cannot continue the hearing.
He observed that the excuse duty is scanty, but held that he will give the witness the benefit of the doubt, adding that “I had earlier on indicated that I will not tolerate delays of this four-year-old criminal case.”
Justice Honyenuga added that if the witness does not show at the next court sitting, the court will take further steps to ensure that the case proceeds.
He subsequently adjourned the case to April 8, 2022.
BY Gibril Abdul Razak
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