The Accra High Court has ordered the Attorney- General to do everything within its power to furnish former COCOBOD CEO, Dr Stephen Kwabena Opuni with certain documents to help aid his defence in a court case.
Dr Opuni and a businessman, Seidu Agongo, have been charged with causing Ghc¢271.3 million financial loss to the state in a series of fertilizer deals.
Defence counsel for the two had been battling with the AG for prosecution documents which they argued would facilitate the defence of their clients.
The matter ended up at the Supreme after numerous legal wrangles at the High Court.
On June 7, 2018, the Supreme Court ordered all prosecutors in the country to furnish persons, irrespective of their charges, with prosecution documents to facilitate their defence.
Opuni wants more documents
In view of the Supreme Court‘s decision, the High Court hearing the case ordered the AG to furnish Dr Opuni with the prosecution documents.
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But at Wednesday’s hearing, counsel for Dr Opuni, Mr Samuel Cudjoe argued that the A-G had furnished his clients with certain documents, but he still needed access to other documents.
According to him, there was the need for his client to be given access to documents covering all contracts regarding fertilizers during his tenure as well as certain documents which he said were in the possession of EOCO and other investigative bodies.
In her response, the Director of Public Prosecutions (DPP), Mrs Yvonne Atakora Obuobisa, said the A-G had submitted all the documents in its possession to the accused.
She stated that what Opuni’s legal team was requesting was not in the A-G’s possession.
“We cannot give what we don’t have,” she argued.
After many back and forth arguments, the presiding judge, Mr Justice Clemence Honyenuga ordered the A-G to do everything within its power to get the accused the documents.
Hearing continues on July 9, 2018.