The State has indicated its intention to appeal against a ruling by the Accra High Court, presided over by Justice Kwesi Gyimah, for the trial of the former Chief Executive Officer of Ghana Cocoa Board, Dr. Stephen Opuni, and private businessman, Seidu Agongo to start anew.
The court, earlier, in a ruling turned down an oral application by the prosecution for the proceedings overseen by retired Justice Clemence Honyenuga to be adopted and the trial continued from where he had ended.
But Justice Kwasi Anokye Gyimah in his ruling said the previous proceedings were saddled with so many allegations and that he did not want to inherit any of those allegations.
Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, in a Notice of Appeal on behalf of the Attorney General, Godfred Dame, dated 4th April, 2023,the same day the ruling was given, is praying the Court of Appeal to set “aside the ruling directing that the trial be started de novo and further order that evidence led at the trial so far be adopted by the trial judge.” De Novo is a Latin expression used in English to mean ‘from the beginning’ or ‘anew’.
The state is contending that trial judge misdirected himself in the application of the principles regarding adoption of evidence in trial.
Read below excerpts of the Grounds of Appeal:
