An Accra High Court on Monday set March 13, to hear a motion to stay proceedings pending an interlocutory appeal on the judge’s ruling on tendering of document through prosecution witness.
The motion was filed by Mr Benson Nutsukpui, lawyer for Mr Seidu Agongo Chief Executive Officer of Agricult Ghana, one of the accused persons.
On Monday, February 25, the court upheld an objection raised by the prosecution in the case involving Dr Stephen Opuni, the former Chief Executive Officer of COCOBOD and one other for documents to be tendered through its witness.
The document sought to be tendered through the prosecution witness is a committee’s report and its attachment filed on the orders of the Court after a committee set up by COCOBOD to investigate the circumstance that resulted in some pages missing from documents filed in the case.
The court presided over by Justice Clemence Honyenugah, an Appeal Court Judge sitting as an additional High Court Judge said upon hearing objection for and against tendering of the documents, he was of the view that the counsel for the accused person should have applied for an order to compelled the authors of the said document to appear in court and subject them to scrutiny.
When the case was called on Monday, March 4, Mrs Yvonne Attakora-Obuobisa, the Director of Public Prosecution representing the State told the court that she has not been served with the application but the hearing can proceed, but the court disagreed.
The Court therefore ordered the second accused to serve the State and lawyers for the first accused person, Dr Stephen Opuni, the former CEO of COCOBOD.
Mr Benson Nutsukpui, lawyer for Mr Seidu Agongo Chief Executive Officer of Agricult Ghana said he filed the motion on behalf of his client on Friday, March 1
He said as at last Friday, March 1, the proceedings of the court was not ready.
He said it was trite that when there was a motion on notice for stay of proceedings pending, then that ought to be determined before the proceedings can continue.
Justice Honyenugah said the court has taken notice of the said motion and adjourned the matter for the motion to be heard on March 13.
Dr Opuni and Mr Agongo are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the state, money laundering, corruption by public officer and contravention of the Public Procurement Act.
They have both pleaded not guilty to the charges and are on a GH¢300,000.00 each self-recognisance bail.