Accra, Justice Clemence Honyenuga, a Justice of the Supreme Court, has adjourned the trial involving Dr Stephen Opuni and to others awaiting the directive from the Chief Justice, whether to continue the case or recuse himself or not.
This was after the Judge was notified of a motion filed by Dr Opuni through his Counsel, Mr Samuel Codjoe for the Judge to recuse himself and hand over the case to another Judge.
The accused person also petitioned the Chief Justice, Kwesi Anin-Yeboah for a new Judge to hear the motion pending at the High Court.
Moving of the motion had been fixed on Thursday, December 16, 2021.
When the case was called on Monday, December 13, 2021, the Judge told the parties in the trial that, there was a motion for him to recuse himself from the trial and a petition sent to the Chief Justice but Mrs Yvonne Attakora-Obuobisa, Director of Public Prosecution (DPP), said they were not served.
The DPP said the Counsel could have fixed the hearing of the motion on Today (Monday, December 13, 2021), knowing very well there was a Court sitting, especially so, because there was such a precedent in the same case at the Supreme Court.
She said the motion should not be made to operate as a stay till it was determined, adding that the dates agreed on and set by the Court must be respected, hence the trial must continue.
Mr Codjoe told the Court that the motion was filed on Friday, December 10, 2021, and on Monday, December 13, 2021, they served a copy of the petition and that of the motion on the Attorney General’s Department, where they acknowledge receipt.
He said considering what the DPP said, she was urging the Counsel to engage in an Act, which was strictly prohibited by the Court deciding on cases, which by virtue of Article 129 (3) of the Constitution was binding on the Court.
He said the DPP’s allegation on him fixing dates in cases was unacceptable and unconstitutional rather it was the Registrar, who fixed dates.
The Judge after listening to both parties adjourned the trial decided to suspend the substantive matter fixed for Monday, December 13, 2021, and adjourned same to December 16, 2021, awaiting the Chief Justice decision or directive.
Source: Ghana News Agency