The Supreme Court rejected Dr. Stephen Opuni’s motion, which claimed the court’s inherent power to stop the trial judge from hearing his case, because it was not meritorious.
In his statement of claim, Dr. Opuni claimed that the trial judge had consistently shown bias and that, should it remain unhindered, the judge would not be impartial against him.
Dr. Opuni claims that the judge he is attempting to prevent has already made a decision regarding the case being heard, which is why he is applying to the court.
The managing director of fertilizer manufacturer Agricult Ghana Limited and former Ghana Cocobod CEO Seidu Agongo are facing charges for allegedly participating in procurement violations and causing financial harm to the state in a fertilizer transaction.
According to Dr. Opuni, the High Court adopted the proceedings on July 25, 2023, but his legal team was not given access to them.
He argues that the only information he has on the events of the day is from a document the judge dismissed.
“My Lords, the Proceedings were about three thousand pages. We asked for the proceedings and the judge called the registrar to furnish us with the proceedings adopted.
“What made me suspicious was that the judge said he wouldn’t make a further order for the proceedings to be given to us,” he said.
Evelyn Keelson, Chief State Attorney, objected to the request.
According to her, the petitioner has failed to present any convincing evidence of bias.
According to her, “What he (the applicant) has told the court are mere allegations and complaints.”
She went on to say that the petitioner does not have it because he did not apply for the proceedings, despite the judge’s directions to all parties to do so.
The panel of five justices presided over by Justice Gabriel Pwamang said, “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.”
