Supreme Court Review Decision In Opuni Case Full Of Factual Errors – NDC

The National Democratic Congress (NDC) has said it totally disagrees with the review decision by the Supreme Court to maintain the reportedly biased High Court judge, Clemence Hornyenuga, to preside over the criminal case against the former CEO of COCOBOD, Dr. Stephen Kwabena Opuni.

In a statement signed by party General Secretary, Johnson Asiedu Nketia, the NDC said its position is informed by the fact that the court’s decision was full of factual errors.

“As a party, we are vehemently opposed to the ruling by the Majority of the review panel of the Supreme Court dated 26th October 2021. There are certain features of the majority’s ruling that cause us great concern,” the NDC said.

Also, the NDC wants the Attorney General, Godfred Yeboah Dame, to salvage what is widely perceived as biased handling of the Opuni case and file a nolle prosequi for the discontinuation of the case so that the impression that the state, with the backing of the Supreme Court, have ganged up in a witch-hunting conspiracy against Dr. Opuni will be removed.

The apex court on Tuesday, October 26, 2021, reinstated Justice Honyenuga as the judge for the hearing, despite clear instances where the judge had reportedly exhibited extreme bias against the defendants.

A seven-member review panel in a 4-3 majority decision overturned an earlier decision by the court stopping Honyenuga from presiding over the case.

That was after the court upheld a review application by the Attorney-General (A-G), Mr. Godfred Yeboah Dame.

According to the NDC, the review panel’s majority decision skewed facts that are very easy to appreciate including the fact that Hornyenuga had been plain when he made prejudicial statements that indicate he has taken a biased position on the case to the advantage of the State.

It added that the review majority had committed another grievous error when it claimed that Dr. Opuni had gone to the Supreme Court to raise jurisdictional issues even though he had gone there to raise issues about Hornyenuga’s bias. 

He reportedly frustrated the case by excluding some 18 exhibits that the defendant had intended to present to argue his case.

The NDC said it is concerned that the ruling by the review majority will have a negative consequence for justice in the case. 

It said it feared that the accused persons would be unable to tender the excluded exhibits in evidence.

“It is for the above reasons that, in our respectful view, the decision of the review majority is a travesty of justice and leaves much to be desired. In a criminal trial, in which an accused person faces an all-powerful State, it is crucially important that justice is not only done but is manifestly seen to be done. Unfortunately, that doesn’t appear to be the case in the Opuni matter,” charged the NDC.