Attorney-General withdraws all charges against Dr Opuni, Agongo

The Attorney-General (AG) has withdrawn all charges against Dr Stephen Kwabena Opuni, a former Chief Executive of COCOBOD, and Seidu Agongo, a businessman.

Ms. Enam Loh Mensah, State Attorney, told the Court, presided over by Justice Aboagye Tandoh that the AG had instructed that the charges against the accused persons be withdrawn.

She said the State has, therefore, filed a notice of withdrawal pursuant to the instructions.

Dr Opuni and Mr Agongo are facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the State, money laundering, and corruption by a public officer in contravention of the Public Procurement Act.

They have both pleaded not guilty to the charges and are on a GH¢300,000.00 self-recognizance bail each

The State Attorney quoted Section 59 of Act 30 of the Criminal Procedure and other Offenses Act in pursuant to the notice.

Justice Aboagye Tandoh in his judgement explained that Section 59 indicates withdrawal from prosecution and preliminary investigations.

He said Section 59 (1) says in any trial or preliminary proceedings before a District Court, a prosecutor, with the consent of the respect of the offense or offenses.

It said the Court, or on the instructions of the Attorney-General at any time before judgment is pronounced or an order of committal is made, might withdraw from the prosecution of a person generally or in respect of any one or more offenses with which that person is charged.

He said 59 (2) also indicated that on the withdrawal under subsection (1), (a) if it was made in the course of an inquiry under Part Four, the accused shall be discharged in respect of the offense or offences.

 The Judge said, (b) If it is made in the course of a trial, (i) Before the case of the prosecution has been closed, the accused shall be charged in respect of the offense or offenses;
(ii) after the case for the prosecution has been closed, the accused shall be acquitted in respect of the offense or offenses.

He said accordingly, the accused persons were all, therefore acquitted and discharged of all the offenses leveled against each one of them.

Justice Tandoh said, “I appreciate Dr Opuni and Alhaji Seidu’s commitment to coming to court all the time. It demonstrates their belief in the rule of law and their belief in their innocence.”

He said they had all been consistent, and that had to be appreciated by those of them who believe in the rule of law.

He commended the prosecution and the defence team for their good work.

The Court ordered the Police through the Registrar for the release their passports to them, adding that the Registrar of the Court should endeavour to inform the Ghana Police Service of the order.

Throughout almost 8 years of the trial, three judges handled the matter.

Justice Clemenace Honyenuga, a Supreme Court Judge, served as an additional High Court Judge, started the case before retiring from the Supreme Court.

The Chief Justice then appointed a new judge, Justice Kwasi Anokye Gyimah, to preside over the case but was then transferred from Accra to Kumasi, where the case was reassigned to Justice Aboagye Tandoh, the substantive judge.

By the close of the prosecution case on March 30, 2021, it had called seven witnesses and presented a series of documents.

Dr Opuni called 11 witnesses when he opened his defense during the trial.

Mr Samuel Cudjoe, Counsel for Dr Opuni, told the Court when he opened his defense that his client would not personally testify in court.

He indicated earlier that if satisfied with the evidence of the witnesses, Dr Opuni would exercise his right not to testify personally.

Alhaji Agongo opened his defense with some subpoenaed witnesses, the last of which before the withdrawal of the charges was Dr Samuel Akoto-Bamford, a research scientist.

“All power and authority belong to the almighty God and not human beings and then I will want to add that, the living God I serve has disgraced and has cursed my enemies, my persecutors and all my destiny haters.” Dr Opuni told the Ghana News Agency.

Source: GNA

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