Opuni’s trial: Prosecution witness cross-examined over credibility of cocoa report
A report done by Cocoa Research Institute of Ghana (CRIG) is at the center of a trial for causing GH¢271.3 million financial loss to the state.
The former deputy Chief Executive of CRIG struggled for the greater part of his cross examination to prove a report his organisation authored.
Dr Yaw Adu-Ampomah is the third witness in the trial of Dr Stephen Kwabena Opuni and businessman Seidu Agongo who have been accused of causing financial loss to the state.
The witness tried to convince the defence counsel for Seidu Agongo, that one of the authors who produced the report that led to the purchase of sub-standard fertilizer was present during the compilation of the report.
He told the Accra High Court presided over by Clemence Honyenugah that Quaye AK and Boateng AJ, all of the CRIG, are part of the authors who compiled the report in 2017.
But the defence counsel, Nustifafa Nustupui, noted that one of the authors [Quaye AK] had passed on and could not have been part of the report at the said time.
“Even though it was known to you that the lead author [Quaye AK] of that report could not possibly have led that team from his grave,” defence counsel said.
“My lord he was part of it, as l have previously said it takes a minimum of two years to do the testing and the fact that he was in it implies that he was part of the team that started the work two years ago,” the witness stressed.
The lawyer further argued that omnifert was purchased even though it had not met the required testing period.
But Adu Ampomah said per the record omni fert is one of the most extensively tested fertiliser and this was clearly factored when the report was done.
Background of the case
In March 2018, the A-G charged the former CEO of Ghana COCOBOD, Dr Stephen Kwabena Opuni and Seidu Agongo, who is the CEO of Agricult Ghana Limited, for causing financial loss to the state.
The two have been charged with 27 counts, including allegedly engaging in illegalities that caused financial loss of GH¢271.3 million to the state.
The illegalities led to the distribution of sub-standard fertilizer to cocoa farmers.
Agongo is alleged to have used fraudulent means to sell sub-standard fertilizer to COCOBOD for onward distribution to cocoa farmers, while Dr Opuni is accused of facilitating the act by allowing Agongo’s products not to be tested and certified, as required by law.
The two accused persons have pleaded not guilty to all the 27 charges and are currently on a GH¢300,000 self-recognisance bail each.
Prior to Friday’s hearing, on March 16, the court dismissed a motion seeking the trial judge, Justice Clemence Honyenugah to recuse himself from continuing with the trial, alleging he made certain comments on a different forum.
On February 18, this year, Justice Honyenuga, who is also the Paramount Chief of Nyagbo Traditional Area, showered President Akufo-Addo with his sterling performance.
“We wish to congratulate you on the excellent manner in which you are governing this dear country of ours. It is our hope that with your vision and the gains made in your first term, Ghanaians will consider giving you another term, Torgbui Nyagasi [Justice Honyenuga] had said.
Lawyers for Dr Opuni, contended that statement by the judge even in his capacity as a traditional leader, was a clear indication of support for the president.
The motion was seeking the trial judge, who was a Court of Appeal Judge sitting with additional responsibility as a High Court Judge, to stop the trial and refer the matter to the Chief Justice for reassignment.
The court in its ruling dismissing the application said the allegations raised on his comments were non-judicial and do not touch on the instant case.
Below are the exchanges from the defence Counsel, Nustifafa Nustipui [NN] and the former deputy Chief Executive Research Institute of Ghana (CRIG), Yaw Adu Ampomaa [AD]
NN: You assumed office in February 2013 and COCOBOD procured Cocoa Nti in 2018
AD: Yes, my lord
NN: Now, kindly tell the honorable court when COCOBOD received the subsequent Cocoa Nti fertilizers samples
AD: When we assumed office in 2017, we wrote to COCOBOD that CRIG was testing their samples and we wanted COCOBOD to inform crig to issue them with certificates. We informed them that that is not the proceed and confer to CRIG and CRIG confirmed that yes indeed they have done one year tests in the field on the product and they were awaiting the company to supply them with more samples to carry on with the second and third year finally.
COCOBOD has that the product should be retested in the laboratory because the company wanted to change the trade name of the product and Cocobod wanted to know whether the content was the same as the first one they had tested. CRIG confirmed to COCOBOD that indeed it was the same product they had done as the first testing so COCOBOD asked CRIG to follow up with the second testing so they submitted the final report to COCOBOD upon which COCOBOD instructed CRIG to issue out a certificate to the company and my lord my was based on that certificate that COCOBOD procured the 2018 product from the company.
NN: COCOBOD internal procurement processes are initiated by Cocobod itself
AD: Yes my lord
NN: The suppliers do not have a hand in those internal procurement processes
AD: Yes my lord
NN: Typically, how long do the processes take to get the approval from the PPA
AD: It varies my Lord, could take from two weeks to six months
NN: Would you recall when the company wrote to you in 2017 to complain about the certification process
AD: My lord l cannot tell but it was very early around the time so can’t recall the exact date.
NN: In the month of Feb, March and April 2017
AD: It was very early, around February but l can’t be certain.
NN: Would you recollect when the subsequent samples were delivered by this company to crig after your intervention for the remaining one year test that you referred to
AD: No, my lord, but it was very early, l can’t recall.
NN:This communication between you and CRIG was in writing
AD: Yes my lord
NN: I am putting it to you that no subsequent testing was never carried out in 2017
AD: My lord it was carried out
NN: When was the final report submitted to COCOBOD
AD: My lord l don’t recall the date but l’m 100% certain that we delivered the final report.
NN: I am putting it to you that no such document exists which is why none of such has been discovered by the prosecution
AD: No, my lord the final report was submitted to COCOBOD and based on that COCOBOD instructed crig to issue out a certificate to the company upon the company did
NN: Exhibit 32 addressed to PPA, that is also correct.
AD: Yes my lord
NN: Is it the case that PPA would approve the procurement by COCOBOD only based on a valid certificate
AD: Yes my lord because the entity evaluation committee will never forward it to PPA without seeing any valid certificate
NN: Once PPA approves the purchase of that agro chemical, it would mean necessarily that such product had a valid CRIG certification, will that be correct
AD: Yes my Lord
NN: Who are the authors of that report
AD: Quaye AK and Boateng AJ, all of craig
NN: Now, did you say at the last sitting Quaye AK had passed on
AD: Yes my lord
NN: The Quaye AK that you know you have passed on, what is the initials
AD: No, I don’t know my lord
NN: Do you know when he passed on
AD: I know he’s passed on but can’t recollect the date
NN: Please what is the date of that report
AD: 19th May, 2017
NN: And according to you Quaye AK must have passed on prior to this date
AD: Yes my lord
NN: And yet COCOBOD relied on that Report and procured omnifert in 2018
AD: Yes my lord
NN: Even though it was known to you that the lead author of that Report could not possibly have led that team from his grave.
AD: My lord he was part of it, as l have previously said it takes a minimum of two years to do the testing and the fact that he was in it implies that he was part of the team that started the work two years ago.
NN: Do you know that on exhibit 41 omni fert cocoa aduani could not have been tested for two years
AD: My lord, available evidence at cocoa board indicates that the fertiliser has been extensively tested by CRIG
NN: But you see, according to the authors of exhibit 41, the samples of that fertilisier was received by craig on the 15th of October 2017
AD: No my lord its not possible and from the records l can tell you that omni fertiliser is one of the most extensively tested fertiliser
The case continues on July 8, 2020.