The Criminal Division of the Accra High Court has adjourned hearing of a pending interlocutory injunction filed by lawyers of Dr Stephen Opuni, former Chief Executive Officer of COCOBOD to June 18, 2020.
The pending motion for stay of proceedings pending an appeal at the Court of Appeal was expected to have been moved today, but the court was informed through a letter that counsel for Dr Opuni, Lawyer Samuel Codjoe was taken ill this morning.
In court on Friday when the case was called, Lawyer Johnson Normesinu, who held brief for Lawyer Codjoe told the court presided over by Justice of the Supreme Court, Justice Clemence Honyenuga, who is sitting with additional responsibility as a High Court judge that, his senior wants the case adjourned to July 8.
“My Lord, my learned senior who was preparing to come and move our application for stay of proceedings pending appeal fell ill this morning and instructed our office manager to type a letter to be delivered to this honourable court for the case to be adjourned to July 8.
He went on to say that, “I was only informed this morning (Friday) about this situation and therefore I didn’t even bring the brief which contains the motion to enable me move the application.
He told the court that, he is therefore “incapacitated to move same” and “in view of this we will be grateful if your Lord will accede to our humble request and adjourned same. This is my humble prayer.
AG response
Madam Stella Ohene Appiah, Principal State Attorney in the matter said “July 8 is almost a month from today, and my Lord the business for today (Friday) is for counsel to move his motion for stay of proceedings.
She argued that “counsel is working from chambers and if he is not able to move the motion today (Friday), I respectfully think that any day next week should be fine for either counsel himself of the other lawyers he has been appearing with to be able to move this application.
The Principal State Attorney explained that “this is only motion, and not the trial which requires that counsel must, by all means, be here in person.
She told the court that, already further cross-examination by counsel for Seidu Agongo and Agricukt Ghana Limited has stalled for quite sometime now and therefore “this rather long adjournment is further going to delay the trial.
She, however, prayed for the case be adjourned to any convenient time next week.
Rebuttal
Lawyer Normesinu in a brief rebuttal to the Principal State Attorney’s argument said in view of the COVID-19 pandemic situation period “which my Lord is aware of, it is not out of place to take such adjournment.
To buttress his point, he said prosecution themselves in a similar case titled The Republic vs Ernest Thomson and others, called “us and requested for July 10, which is far longer than the date we have requested.
He told the court that, the Ernest Thompson case is for case management and like the Opuni case, are all criminal matters.
But, the court said, that case has not been started at all while the Opuni case has started, adding that there is no indication that, that (Ernest Thompson) case will start before the legal vacation.
*By court*
- The Supreme Court judge said upon hearing Johnson Normesinu, holding brief for lawyer Cudjoe, who asked for an adjourned because he was taken I’ll only this morning, I believe that I will be a very good person to ask Normesinu to move the pending motion. However with his explanation that he had this information this morning and does not even have the brief with him. This case we all know is a part-heard case and interlocutory applications must be dealt with expeditiously as possible to pave the way for the main case to be heard. I think that the adjournment sought is too long and unacceptable to the court. Earlier on, there have been directives by CJ on adjournments in view of the pandemic. For now, the situation has been revised and that hearing the motion should not take so much time. Consequently, the court adjourned the motion to Thursday, June 18, 2020, for hearing.
