The Attorney-General’s office has addressed media reports regarding the composition of the Supreme Court panel hearing the appeal of Dr. Stephen Opuni, former CEO of COCOBOD.
According to the Attorney-General, (AG) Godfred Yeboah Dame, there have been deliberate misrepresentations in various newspapers and on social media platforms, particularly by Prof. Kweku Asare, a known legal practitioner.
According to him, these misrepresentations suggest that the panel for the appeal hearing on May 8, 2024, was unusual or in violation of the Constitution.
The AG clarified that the arguments in the appeal by Dr. Stephen Opuni, former COCOBOD CEO, were heard on May 8, 2024, and not on any previous date as claimed.
“The Supreme Court had given directions for written submissions to be filed by both parties after no arguments were heard on January 17, 2024.
On 8th May 2024, the panel for the appeal was reconstituted by the Chief Justice in line with her powers under the Constitution.
Despite objections raised by Dr. Opuni’s counsel citing Article 157 (3) of the Constitution, the objection was overruled by the Court,” the AG stated in a statement.
The A-G also highlighted persistent attempts by certain media outlets aligned with Dr. Opuni to distort court proceedings related to his prosecution.
“These publications are seen as attempts to undermine the case of the prosecution and create false impressions about the defense put up by Dr. Opuni,” a portion of the statement read.
The AG expressed concern that these publications could potentially pervert the course of justice or prejudice the fair hearing of the case.
The Attorney General emphasized that such actions are detrimental to the legal process and should be avoided to ensure a fair and just outcome.
“Nonetheless, the Republic remains focused on adducing cogent evidence in substantiation of the charges against all the accused persons in the case mentioned above and will not be overawed in that process,” the statement read.
Mr. Yeboah Dame stated that no party to proceedings in court has a right to insist on a particular court or panel of a court to hear his or her case.
By the Constitution and the Courts Act, 1993 (Act 459), the Chief Justice determines the composition of every court for the hearing of any matter.
The AG said the Chief Justice is a member of every court in the country and has the power to request in writing a Justice of any of the Superior Courts of Judicature to sit on either the Court of Appeal or the High Court at any time.
“Further, consistent with article 128(3) of the Constitution, the Chief Justice shall preside at sittings of the Supreme Court, and in her absence, the most senior of the Justices of the Supreme Court, as constituted, shall preside,” the statement read.
