An Accra High Court will on November 23, 2022, hear a motion filed by Dr Stephen Opuni, the former CEO of COCOBOD, for an order to set aside the orders of the court dated November 14, 2022.
The court will also hear an application for a stay of execution and a referral of Article 139(1c), 145(5) of the 1992 Constitution for interpretation by the Supreme Court under Article 132 of the Constitution and citing the inherent jurisdiction.
The court on November 14, 2022, dismissed a motion filed by Dr Opuni to perpetually injunct the trial judge from further hearing the case, citing Article 145 (2a) of the Constitution.
Dr Opuni and Mr Agongo are facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the State, money laundering and corruption by a public officer in contravention of the Public Procurement Act.
They have both pleaded not guilty to the charges and are on a GH¢300,000 self-recognisance bail each.
Mr Samuel Cudjoe, counsel for Dr Opuni told the court presided over by Justice Clemence Jackson Honyenuga, a Supreme Court Justice, sitting as an additional High Court Judge, that it was their submission that the motion is determined before any further steps were taken in the matter.
He said because the motion was filed on (Wednesday morning) November 16, 2022, they were unable to serve the prosecution with a copy, but they were informed accordingly.
Mrs Stella Ohene Appiah, Principal State Attorney, confirmed that the prosecution was informed.
The Principal State Attorney said the prosecution was waving its right to file an affidavit in opposition and to respond to the application on point of law.
Mr Nutifafa Nutsukpui, holding brief for Benson Nutsukpui counsel for Agongo, told the court that they did not have the opportunity to review the application and that being a party, they needed one for review.
He prayed the court to adjourn the matter to November 23, the original hearing date to enable them to have access to the application for review.
The judge, after hearing all parties, adjourned the matter to November 23, 2022. —GNA