The Court of Appeal has overturned the decision of the trial judge in the case of Stephen Opuni to start the trial from scratch and directed for the proceedings and evidence led under the previous Judge Justice Hornyenugah to be adopted
This decision by the Court of Appeal aims to ensure that the proceedings and evidence led in the case up until now are not disregarded, providing continuity in the legal process.
Justice Kwasi Anokye Gyimah took over the case in March 2023 and ruled that the trial be restarted for being tainted with allegations of unfairness.
He said in his ruling that a fresh trial was an avenue for the court to substantially dispel the said suspicions and regain the defendants’ and public trust in the process.
Attorney General Godfred Yeboah Dame, however, disagreed with the decision and filed the appeal arguing that the decision amounted to a miscarriage of Justice.
The appellate court after considering the appeal ruled that the trial judge erred by relying on irrelevant factors in taking the decision to start the trial from scratch.
In an interview with the media after proceedings, Attorney General Godfred Dame expressed satisfaction with the decision of the court.
Meanwhile, in a letter allegedly sent to Justice Kwasi Anokye Gyimah by the Chief Justice, Justice Gertrude Araba Esaaba Torkornoo, in June, Justice Gyimah has been asked to vacate his position and move to Kumasi, the Ashanti Regional capital.
He is to start from today July 3.
Justice Gyimah, who is described by many who encountered him as tough and principled, is to be replaced by Justice Aboagye Tandoh of the Winneba High Court.
Justice Tandoh will become the third judge on the case after the first judge, Justice Clemence Honyenuga, retired and handed over to the now-transferred Justice Gyimah.
The state is accusing Opuni and businessman, Seidu Agongo, of allegedly causing over GH¢217 million financial loss to the state.