Office of Attorney General Clarifies Supreme Court Panel Constitution

The Office of the Attorney-General and Ministry of Justice has issued a statement to clarify the constitution of a panel to hear an appeal in the Supreme Court involving a former Chief Executive of the Ghana Cocoa Board, Dr. Stephen Kwabena Opuni.

The statement refutes media reports that suggested the Chief Justice violated the country’s 1992 Constitution in constituting the panel.

According to the AG’s office, these publications are gross misrepresentations of the evidence led at the trial and are intended to ridicule the case of the prosecution and create false impressions about the soundness of Dr. Opuni’s defense.

The statement explained that no party to court proceedings has a right to insist on a particular court or panel to hear their case.

The Chief Justice decides the composition of every court for the hearing of any matter, and has the power to request a Justice of any of the Superior Courts to sit on either the Court of Appeal or the High Court.

The AG’s office also clarified that the Supreme Court’s hearing on May 8th, 2024, was not heard before, and that Dr. Opuni’s counsel objected to the reconstitution of the panel, which was overruled by the Court.

According to the statement, Dr. Opuni’s counsel cited article 157(3) of the Constitution, which states that no person sitting in a Superior Court shall, having heard the arguments of the parties to that cause or matter and before judgment is delivered, withdraw as a member of the court until judgment is delivered.

However, the AG’s office pointed out that there had been neither oral nor written arguments in the matter heard on January 17th, 2024, and therefore article 157(3) was not triggered.

The statement further noted that most of the publications on the “Opuni case” orchestrated by Dr. Opuni and his supporters transgress the limits of permissible speech as they are calculated at perverting the course of justice and/or prejudicing the fair hearing of that case.

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The AG’s office urged the public to be aware that no party has a right to insist on a particular court or panel to hear their case.

The Chief Justice determines the composition of every court for the hearing of any matter, and has the power to request a Justice of any of the Superior Courts to sit on either the Court of Appeal or the High Court.

Lastly, the AG’s office stated that it will not be overawed in adducing cogent evidence in substantiation of the charges against all accused persons in the case, and will continue to uphold justice and fairness in all its proceedings.

Full Statement

The attention of the Office of the Attorney-General and Ministry of Justice has been drawn to deliberate misrepresentations in the media (traditional and social) about the composition of a panel to hear an appeal in the Supreme Court in a case entitled “Republic vrs. Dr Stephen Opuni & 2 Others”.

Publications in various newspapers, particularly the Herald, and commentary on social media by some persons including, Prof Kweku Asare, are laden with falsehood and contain an imputation that the composition of the panel for the hearing of the appeal on 8th May, 2024 was unusual, questionable or in violation of the Constitution.

The Attorney-General and Minister for Justice (A-G), a party to the case in question and owing a constitutional duty to protect the administration of justice from abuse, hereby sets the record.

1. Arguments in the appeal filed at the Supreme Court by Dr Stephen Opuni against an order of the Court of Appeal dated 3rd July, 2023, for adoption of evidence led in the case mentioned above, were heard by the Supreme Court on 8th May, 2024, and not on any date before.

2. The appeal was originally listed for hearing at the Supreme Court on 17th January, 2024. By that day, no written submissions had been filed in the matter.

3. The Court rather gave directions for future hearing by ordering Dr Opuni to file his written submissions within 21 days, and respondent Republic to file written submissions within 21 days of being served with Dr Opuni’s submissions.

4. The parties duly complied with directions and appeal was subsequently listed for hearing on 8th May, 2024.

On that date, panel for hearing was reconstituted by Honourable Chief Justice in exercise of her powers under Constitution.

5. Counsel for Dr Opuni citing article 157(3) Constitution raised grotesque and wild objection to reconstitution of panel and insisted on previous panel hearing his appeal.

6. The A-G prayed Court to dismiss objection as misconceived by alluding to matters set out above and noted that operative words in article 157(3) Constitution are “…no person sitting in a Superior Court shall, having heard arguments of parties to that cause or matter and before judgment is delivered withdraw as member of court until judgment is delivered”.

The Court, after reviewing the submissions of both counsel, overruled the objection.

7.    The A-G notes the persistent attempts by some media houses aligned to Dr Opuni to distort the effect of court proceedings relating to the prosecution of the former Chief Executive Officer of Ghana Cocoa Board.

These publications, many a time, are a gross misrepresentation of the evidence led at the trial, intended to ridicule the case of the prosecution and create false impressions about the soundness of the defence put up by Dr Opuni at his trial.

8.    The A-G observes that most of the publications on the “Opuni case”, orchestrated by the accused persons themselves, transgress the limits of permissible speech as they are calculated at perverting the course of justice and/or prejudicing the fair hearing of that case.

Nonetheless, the Republic remains focused on adducing cogent evidence in substantiation of the charges against all the accused persons in the case mentioned above and will not be overawed in that process.

9.    For the purpose of educating the public, the A-G states that no party to proceedings in court, has a right to insist on a particular court or panel of a court to hear his or her case.

In accordance with the Constitution and the Courts Act, 1993 (Act 459), the Chief Justice determines the composition of every court for the hearing of any matter.

10.    The Chief Justice is a member of every court in the country and, has the power to request in writing a Justice of any of the Superior Courts of Judicature to sit on either the Court of Appeal or the High Court at any time.

Further, consistent with article 128(3) of the Constitution, the Chief Justice presides at sittings of the Supreme Court, and in his absence, the most senior of the Justices of the Supreme Court, as constituted, shall preside.

A deliberate disregard of these basic principles is inimical to the sound adjudication of cases and portends danger for the entire society. END!!!

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