Mr Seidu Agongo, a Businessman, being tried with Dr Stephen Opuni, a Former Chief Executive of COCOBOD and one other, has filed an application for the trial judge to recuse himself.
The Court presided over by Justice Clemence Jackson Honyenuga adjourned the proceedings to hear the application to Thursday February 23, 2023, for the defence to move the application.
Dr Opuni, Mr Agongo and his Company are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the State, money laundering, and corruption by public officer in contravention of the Public Procurement Act.
They have both pleaded not guilty to the charges and are on a GHS300,000.00 self-recognizance bail, each.
Mr Nutifafa Nutsukpui, Counsel for Agongo, told the Court that they filed the application on Friday February 17, 2023, but their checks with the court clerk indicated that it was not served on the Court though the prosecution had confirmed been served.
He said it was their view that because of the nature of the said application, it might have to be taken before any further proceedings.
Mrs Stella Ohene-Appiah, Principal State Attorney, confirmed to the Court that the State had been served with the application.
She said since the Court was yet to be served, she did not know what decision the Court would take.
Mr Tony Nyarko Acheampong, who held brief for Mr Samuel Codjoe, Counsel for Dr Opuni, confirmed that it had been served.
He said they had received instructions from their client to file an affidavit as a necessary consequence of the application.
“We do not intent to waive our rights to file an affidavits in any way so ever,” he added.
He said in the circumstance, they prayed the Court that the application be heard on the said date to enable them to file the necessary processes.
Justice Honyenuga after listening to the parties, said in view of the very serious matters being raised in the application, he had to adjourn sitting to Thursday February 23 for the application to be moved.