Former COCOBOD Chief Executive Dr. Stephen Kwabena Opuni, who is being tried for his crimes, has contested the trial judge Clemence Honyenuga’s right to hear his case.
According to reports, His Lordship Honyenuga was set to retire in September but received a six-month extension from the Chief Justice.
Attorneys for Dr. Opuni stated that the Chief Justice’s extension of his authority is unconstitutional and a usurpation of the President of the Republic’s authority.
They argued that “the Chief Justice, who is not the appointing authority, does not exercise the right to extend the tenure of a Supreme Court judge.”
Samuel Cudjoe claimed that the President, not the Chief Justice, was the only person who could extend the tenure of your lordship under article 145(4).
Mr. Cudjoe argued that the Chief Justice “cannot give an extension to the term of a judge who has attained the requisite constitutional retirement age” despite the fact that he or she is the administrative head of the judiciary.
The Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, however, vehemently disagreed with this assertion and argued that it lacked legal support.
We argue that the 1992 Constitution gives the Chief Justice the authority to authorize a Justice of the Superior Court to serve for a brief length of time.
The DPP argued that relying on articles 139(c) and 145(2)(a) and (4), the Chief Justice not only had the authority to appoint judges to courts, but also to grant such limited extensions to judges who were approaching retirement age so they could finish cases started under their jurisdiction before they reached retirement age.
In plain English, this indicates that, with regard to the Republic v. Stephen Opuni, Seidu Agongo, and Agricult Ghana Ltd. matter that was started before you before you turned 70, your lordship may stay in office for a time not to exceed six (6) months.
The DPP said that the referenced constitutional provisions provided a clear answer to the question of who has the authority to grant the extension.
There may be “no ambiguity or doubt as to whether it is the President or the Chief Justice who provides an extension to a Judge already determining a case to continue with that matter for a limited period,” according to the court.
The application was denied by the High Court, which was presided over by His Lordship Clemence Honyenuga, and the matter was continued on November 16, 2022.
The Constitution gives the Chief Justice, who serves as the Administrative Head of the Judiciary, the authority to extend a judge’s term.