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The Court of Appeal has overturned the decision of the trial judge in the Opuni case to start the trial from scratch and directed for the proceedings and evidence led under the previous Judge Justice Hornyenugah to be adopted
This decision by the Court of Appeal aims to ensure that the proceedings and evidence led in the case up until now are not disregarded, providing continuity in the legal process.
Justice Kwasi Anokye Gyimah took over the case in March 2023 and ruled that the trial be restarted for being tainted with allegations of unfairness.
He said in his ruling, which the state opposed vehemently and has now appealed against, that a fresh trial was an avenue for the court to substantially dispel the said suspicions and regain the defendants’ and public trust in the process.
But in a letter allegedly sent to him by the Chief Justice, Justice Gertrude Araba Esaaba Torkornoo, in June, Justice Gyimah has been asked to vacate his position and move to Kumasi, the Ashanti Regional capital.
He is to start from today July 3.
Justice Gyimah, who is described by many who encountered him as tough and principled, is to be replaced by Justice Aboagye Tandoh of the Winneba High Court.
Justice Tandoh will become the third judge on the case after the first judge, Justice Clemence Honyenuga, retired and handed over to the now-transferred Justice Gyimah.
The state is accusing Opuni and businessman, Seidu Agongo, of allegedly causing over GH¢217 million financial loss to the state.
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