Dr. Stephen Opuni
The investigator in the ongoing trial of former Chief Executive Officer of Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, and businessman Seidu Agongo has told an Accra High Court that a farmer described the controversial Lithovit Liquid fertilizer supplied by the businessman’s company “as good as water.”
Detective Chief Inspector Thomas Prempeh Mercer who was part of the team that investigated the case said this in response to claims made by lawyer for Mr. Agongo, Chief Executive Officer of Agricult Ghana Limited, that no farmer had given adverse statement about the liquid fertilizer which is at the heart of the trial.
Under cross examination from Nutifafa Nutsukpui, who is Mr. Agongo’s counsel, the investigator told the court that a farmer had provided statement to effect that the fertilizer was as good as water and he could produce the said statement to the court if asked to do so.
Adverse Statement
“I am putting it to you that you never obtained any adverse statements from any farmers regarding the suitability of Lithovit liquid fertilizer as they applied it to their cocoa farms,” the lawyer challenged.
“My Lord, as far as this investigation is concerned, statements were obtained from two farmers. One is exhibit 69 which I hold in my hand which the farmer stated Lithovit was good. Unfortunately the other farmer also described Lithovit as ‘good as water,’” Detective Chief Inspector Mercer debunked the counsel’s assertion.
“I am putting it to you that no farmer gave you a statement in which he or she described Lithovit as ‘good as water,’” Mr. Nutsukpui queried again.
But the witness insisted that “My Lord, that is not true. I can produce the statement if I am asked to.”
Main Trial
Dr. Opuni and Mr. Agongo are before an Accra High Court for causing financial loss to the state to the tune of GH¢217,370,289.22.
The two are facing a total of 27 charges, including defrauding by false pretense, willfully causing financial loss to the state, money laundering, corruption by a public officer and contravention of the Public Procurement Act.
The two are also charged over the purchase and supply of Lithovit fertilizer which the state said was done in contravention of several laws.
The main issue in the ongoing trial is whether the Lithovit foliar fertilizer that was tested and certified by the Cocoa Research Institute of Ghana (CRIG) was powder or liquid in form and its efficacy.
While the prosecution witnesses have insisted that the product that was tested and certified was powder in form, there are records pointing to the fact that COCOBOD under the management of Dr. Opuni procured Lithovit liquid fertilizer which was never tested by CRIG.
Cross –Examination
Detective Chief Inspector Mercer, the seventh prosecution witness, insisted that a farmer gave an “adverse” statement about the efficacy of the fertilizer.
Much of the cross-examination also focused on the existence of a second result of another test conducted on the fertilizer by the Ghana Standards Authority (GSA) which was not included in the case.
While the lawyer insists on the existence of the said second GSA report on the fertilizer, the investigator on the other hand vehemently opposed the suggestion, insisting that no such report was on the docket when the police took over the case docket from the Economic and Organised Crime Office (EOCO).
The lawyer’s insistence was based on the fact that Paul Agyei Gyang, who was then the Head of Organized Crime Unit at EOCO had indicated in his statement that a second test on the fertilizer was sanctioned but the witness remained firm that no such report existed on the docket.
Give-and-Take
Lawyer: You saw more than two scientific reports on the file when you took over the investigations. That is correct?
Investigator: No, my lord. The docket we took over had only two scientific reports. One from GSA and one from the University of Ghana.
Lawyer: But when you reviewed Mr. Gyang’s statements you realised that he spoke about a second test from the GSA. Is that correct?
Investigator: Yes.
Lawyer: Did you enquire about the second test report as part of your investigations?
Investigator: Yes, my lord. The answer we got was the two test reports that were on the docket.
Lawyer: Who did you speak with?
Investigator: We spoke to Mr. Akresi because he gave statements as the investigator on the case.
Lawyer: But you saw this particular statement also and you reviewed it when you took over. That is so?
Investigator: Yes.
Lawyer: At the time you were looking for the third scientific report, Mr. Gyang was still at post, wasn’t he?
Investigator: Yes, my lord.
Lawyer: And it was he who indicated the existence of the second GSA report in statement that you found on the file. That is true?
Investigator: That is not exactly so. My lord, the Police CID took over this investigation. The docket contained two scientific reports. There were two investigators on the case, one of them, Prosper Akresi, gave statement at the CID Headquarters to the effect. So my lord, we don’t have any other report apart from the two that were on the docket that we took over from EOCO.
Hearing continues on March 22, 2021.
BY Gibril Abdul Razak