Chief Justice did not violate 1992 Constitution in constituting a panel in Opuni’s appeal – AG

The Office of the Attorney-General and Ministry of Justice has refuted media reports that sought to indicate that the Chief Justice violated the country’s 1992 Constitution in constituting a panel to hear an appeal in the Supreme Court in a case involving a former Chief Executive of the Ghana Cocoa Board, Dr Stephen Kwabena Opuni.

According to the AG’s office, 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 in many a time, are a gross misrepresentation of the evidence led at the trial.

“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, the AG’s office stated in a statement dated, Tuesday, May 14, 2024.

The AG’s statement, which was signed by the sector Minister, Godfred Yeboah Dame, said “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.
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“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.”

He added that “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.”

For him, “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.”