THE REPUBLIC v. HIGH COURT (CRIMINAL DIVISION), EX PARTE: STEPHEN KWABENA OPUNI

DOTSE JSC:-

On the 24th day of January 2023, this Court, by a unanimous decision, dismissed an application at the instance of the Applicant herein, wherein he sought the following reliefs:-

-Certiorari directed at the High Court, (Criminal Division 1) Accra, presided over by Honyenuga JSC, sitting as an additional High Court Judge to bring into this court for the purpose of being quashed, the ruling of the Judge on the 14th day of November 2022 in case No. CR/158/2018 intitutled Republic v Stephen Kwabena Opuni and 2 others and

-For an order of perpetual injunction to restrain the presiding Judge Honyenuga JSC from continuing with the case No. CR/158/2018 intitutled Republic v Stephen Kwabena Opuni and 2 Others at the High Court, Criminal Division.

This Court in its orders dated 24th January 2023 dismissed the application referred to supra and stated as follows:-

“We have considered all the processes filed by all the parties as well as their viva voce submissions this afternoon. We are however of the considered opinion that, this court in its decision in the case, Republic v Fast Track High Court, Accra, Ex-parte Daniel [2003-2004] SCGLR 364 interpreted the relevant and operating provisions in Articles 139 (1) (c) and 145 (4) of the Constitution 1992 and these are so clear that it admits of no controversy whatsoever. Under the circumstances we hereby unanimously dismiss the applications for Certiorari and Perpetual Injunction.”

Full reasons for our decision will be filed in the Registry of this Court on or by close of day on 10th February 2023.”

We now proceed to give our reasons for the decision rendered on the 24th of January 2023 as follows:-

As stated supra, the Applicant herein through his learned Counsel Samuel Codjoe filed the instant application seeking the twin reliefs of Certiorari to quash the ruling delivered by Honyenuga JSC dated the 14th day of November 2022 pursuant to Article 132 of the Constitution 1992 and secondly for an order of perpetual injunction to restrain the Judge from continuing with case No. CR/158/2018 intitutled Republic v Stephen Kwabena Opuni, Seidu Agongo and Agricult Ghana Limited at the High Court.

GROUNDS FOR THE APPLICATION

Certiorari

1.That the learned trial Judge committed a grievous error of law apparent on the face of the record and acted without jurisdiction when he continued to sit on Suit No. CR/158/2018 intitutled as stated supra on the 11th and 17th October, 2022, 7th, 14th and 24th November 20