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Justice Clemence Jackson Honyenuga has flatly denied claims he has been bias and hostile towards former COCOBOD boss, Dr. Stephen Opuni, attacking the latter of spewing lies and hallucinating in court.
Justice Honyenuga has been hearing the ongoing criminal trial against Dr. Opuni and two others, but Dr. Opuni felt the utterances and actions of the judge are evidential enough that he would not get fair trial if the judge continues to sit on the case.
A motion was therefore filed to get the judge to recuse himself, which was heard by the judge himself and dismissed on Thursday, December 16, 2021.
But in what appears as an attempt by the trial judge to get even with the applicant, Justice Honyenuga capitalized on his ruling on the motion, which he took two hours to write, to discharge vituperations at Dr. Opuni.
For instance, in the affidavit in support of the motion for Justice Honyenuga to recuse himself, the applicant pointed out an occurrence in court, which indicated that the judge had wanted to suggest how Dr. Opuni should make his defence.
The judge was incensed by that statement and decided to square up to him as he asserted that Dr. Opuni has probably being dreaming in court.
“I think that the first accused must have been hallucinating when DW1 gave evidence because no such thing happened as the first accused has stated in paragraph 17 in his affidavit in support.”
He made reference to a ruling he gave on December 2, 2021 to back his dismissal of the motion.
Lawyer Samuel Codjoe, counsel for Dr. Opuni, had drew the attention of the court on that day that “no law stops us from starting our defence with this witness. There is no requirement that directs how we call our witnesses in defence.”
The judge then ruled: “Indeed this court cannot compel the first accused person to give evidence and this is supported by Article 19 Clause 10. In the circumstances, it is the right of first accused to choose the mode he intends to open his defence, consequently, the witness can testify.”
Interestingly, records showed that the prosecution did not object or oppose how the accused had wanted to open his defence, and with the judge denying any form of obstruction, the question begging for an answer is what might have transpired in court leading to lawyer Codjoe’s instance on how client opens his case and the subsequent ruling by the judge.
Meanwhile, Justice Honyenuga has also rejected the allegation that Opuni’s counsel was not heard when he had issues with hearing dates imposed by the court.
“Further, the averment in paragraph 11 is the imagination of the first accused and a blatant lie calculated to throw dust in the eyes of everyone. I must say that, I have never, in my judicial career, banged files on my table and scream court rise.”
Justice Honyenuga further ruled that claims by Dr. Opuni that his witness’ evidence cannot exonerate him is “most disgusting” and an effort to underrate his intelligence and integrity.
“It is my candid opinion that the first accused is crying wolf where there is none. He could not prove the reason why I should recuse myself from the case, when I have guided this case from 2018…
“In conclusion, the application is malicious, mischievous, frivolous, vexatious and an abuse of the court process, and well calculated to further delay expedited, efficient and fair hearing of this case. The principle of justice delay, justice denied applies in this instance case.”
Justice Clemence Jackson Honyenuga, a justice of the Supreme Court sitting with additional responsibility as High Court judge, hearing the trial of former COCOBOD boss, Dr. Stephen Opuni and businessman Seidu Agongo accused of causing financial loss to the state and contravention of the Public Procurement Act.
