Businessman Seidu Agongo has said Justice Clemence Honyenuga cannot be a fair arbiter in the ongoing GHS271-million financial loss case since he had a personal battle with the first accused person, Dr Stephen Opuni, at the Supreme Court in the course of the trial.
Mr Agongo, who is the second accused person, argued in an application he filed, in which he is praying the judge to recuse himself from the case over a raft of “very serious” issues, that engaging Dr Opuni in a personal conflict at the Supreme Court, makes him unfit to continue hearing the criminal matter at the High Court.
“When the 1st accused [Dr Opuni], after the 16th December 2021 ruling/orders, brought an application in the Supreme Court for certiorari and prohibition, Justice C.J. Honyenuga (JSC), quite extraordinarily, personally swore to and filed an affidavit in opposition denouncing the 1st accused and the allegations made in his said application before the Supreme Court, thereby clearly descending into the arena of conflict or taking issues personally with the 1st accused, with whom the applicants herein have been jointly charged with conspiracy”, Mr Agongo averred in his application,” he said.
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Mr Agongo continued that “Setting up a personal battle with the 1st accused, with whom we are jointly charged in addition to the judge’s conduct of unlawfully excluding vital evidence critical to our defence, sending the registrar of the court to the hospital to confirm whether I had been on admission despite documentation from the hospital to that effect; and his present threats to me, would lead any independent observer, unfortunately, to the only irresistible conclusion that the said Justice C.J. Honyenuga (JSC) cannot be an arbiter in this matter and must, respectfully, recuse himself in the interest of justice.”
