Claims by first prosecution witness, Dr F.M. Amoah that Dr Stephen Opuni, instructed scientists at CRIG to shorten the testing period for fertilizers have been denied completely by one of the persons he named as those present when the order was given.
Dr Amoah alleged in 2018, when he gave evidence in court, that when he was the Executive Director of CRIG, Dr Opuni, then the Chief of Executive of COCOBOD, told scientists, including the then Executive Director of Cocoa Health and Extension Division (CHED) Dr Francis Baah, that Dr Opuni directed the shortening of fertilisers at the time that CRIG was testing lithovit foliar fertilizer.
But Dr Francis Baah, at the last sitting on March 21, 2024, told the Accra High Court presided over by Justice Aboagye Tandoh that no such meeting took place, neither did Dr Opuni give such order in his presence or anywhere that he knew of.
Former COCOBOD Chief Executive, Dr Stephen Opuni and businessman Seidu Agongo, as well as Agricult Ghana Limited, have been facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the state, corruption by public officers and contravention of the Public Procurement Act.
Dr Baah, who is now the Director of Research, Monitoring and Evaluation at COCOBOD, denied knowledge of the purported meeting while being led in his evidence in chief by counsel for Mr Agongo, Benson Nutsukpui.
“On the 10th of October 2018, Dr Franklin Amoah told this court that a meeting was held in August 2014 and at that meeting James Kofi Kutuatse in his capacity as Deputy Chief Executive of COCOBOD was present and he himself, Dr Franklin Amoah as Executive Director of CRIG and you Dr Franklin Baah as the Executive Director of CHED met the first accused, Dr Stephen Opuni, and some scientists. Do you remember that meeting?” Dr Baah was asked.
“No, I cannot recall there was a meeting but I recall a meeting with myself and Dr Opuni and others, they were not scientists. The subject matter of which was the bad press or bad publications about Dr Amoah which publications were serialized.
I believe it was either Ghana Post or the P and P (People and Places) alleging some supposed amorous relationship between Dr Amoah and a certain female staff of CRIG. And the chief executive wanted firsthand information from Dr Amoah,” he told the court.
Asked if a scientist Mr Andrew Yaw Akrofi was at the said meeting, Dr Baah said he cannot recall.
“Dr Amoah alleged that at this meeting Dr Opuni instructed the scientists to shorten the test period. Were you at that meeting and did you here that?” the witness was further asked.
But he insisted, “I am absolutely clear in my mind that I was not at any meeting that a subject like that was discussed.”
“Were you at any meeting while you served as the office manager of the chief executive and as the Executive Director of CHED where Dr Opuni instructed that the test period of Lithovit fertiliser be shortened?,” lawyer Nutsukpui asked.
Dr Baah maintained, “I cannot recall being at any meeting where the subject matter was discussed.”
He was also asked whether any issue about the testing of Lithovit ever came to his attention in all meetings, trainings or whatever as the Executive Director of CHED.
“No, the separation of duties of COCOBOD divisions and subsidiaries are as clear as day. The testing of all agrochemicals including fertilisers and any other issues related thereof is solely in the bosom of CRIG, Akyem Tafo,” COCOBOD’s Director of Research, Monitoring and Evaluation stated emphatically.
Meanwhile, Dr Francis Baah who also worked at CRIG for cumulatively 23 years told the court that the rise or dip in cocoa production cannot be attributed to one particular fertilizer.
“No, the yield you get for cocoa is an expression of the relationship between the plant and the environment.
The environment includes rainfall, the nature of the soil, farmer practices and crop protection against pests and diseases, fertilisers and other variables,” he said.
He also said he would not blame my Chief Executive for the fall in cocoa production because the boss of COCOBOD does not have any control over the elements and factors that determine production including the world market Price.
“Would it be appropriate for the managers of COCOBOD for 2021/2022 and 2022/2023 to be held responsible for fall in production when you yourself has said that production is as a result of basket of issues, and that no agronomy practice, husbandry or management can determine the production?” counsel asked the witness.
Dr Baah responded, “I do not think it would be appropriate unless there is clear evidence of dereliction of duties on the part of any staff.”
Find excerpts of proceedings on March 21
Q. On the 3rd day of December 2018, Dr Alfred Arthur in an answer to the question “it is part of the duties of the extension officers of CHED to report to COCOBOD any complain of the farmers” he answered “that is so my Lord”. Is he correct?
A. Yes, that statement is valid, it is correct.
Q. While you were the head of CHED was the import of that statement that the extension officers reported any farmer’s concern to you. Was it valid?
A. Yes, farmers’ concerns come to us through various channels.
Q. On the 10th of October 2018, Dr Franklin Amoah told this court that a meeting was held in August 2014 and at that meeting James Kofi Kutuatse in his capacity as Deputy Chief Executive of COCOBOD was present and he himself, Dr Franklin Amoah as Executive Director of CRIG and you Dr Franklin Baah as the Executive Director of CHED met the first accused, Dr Stephen Opuni, and some scientists. Do you remember that meeting?”
A. No, I cannot recall there was a meeting but I recall a meeting with myself and Dr Opuni and others they were not scientists. The subject matter of which was the bad press or bad publications about Dr Amoah which publications were serialized. I believe it was either Ghana Post or the P and P (People and Places) alleging some supposed amorous relationship between Dr Amoah and a certain female staff of CRIG. And the chief executive wanted firsthand information from Dr Amoah,”
Q. Was the scientist Mr. Andrew Yaw Akrofi at this meeting?
A. I cannot recall because if you look at the subject matter I don’t understand how Kofi can be part of such a meeting.
Q. Dr Amoah alleged that at this meeting Dr Opuni instructed the scientists to shorten the test period. Were you at that meeting and did you hear that?
A. I am absolutely clear in my mind that I was not at any meeting that a subject like that was discussed.
Q. Were you at any meeting while you served as the office manager of the chief executive and as the Executive Director of CHED where Dr Opuni instructed that the test period of Lithovit fertiliser be shortened?
A. I cannot recall being at any meeting where the subject matter was discussed.
Q. While you were executive Director of CHED, did any issue about the testing of Lithovit ever come to your attention in all your meetings, trainings whatever?
A. No, the separation of duties of COCOBOD divisions and subsidiaries are as clear as day. The testing of all agrochemicals including fertilisers and any other issues related thereof is solely in the bosom of CRIG, Akyem Tafo.
Q. Yesterday the court ordered you to produce some document do you have them?
A. Yes on the instructions of the Chief Executive, I have them.
Q. Dr Baah, you went to CHED in 2014, cast your mind back and tell this court the list of fertilisers that were distributed to the farmers in 2014/2015.
A. Yes, Asaasewura, Cocoa Feed, Sidalco Liquid Fertiliser, Fert Agra, Lithovit, Natural Organic Fertiliser. These readily come to mind.
Q. The court ordered you to provide the list of the production over the various periods?
A. Yes
Q. You signed it?
A. Yes
Q. You signed the sheet and dated it 21st of March 2024?
A. Yes, I got the instructions to do so this morning.
Besnon Nutsukpui: We wish to tender the document through the witness.
Samuel Codjoe: We do not have any objections.
Prosecution: We do not have any objection.
Court: The data on cocoa production dated the 21st day of March 2024 for the period 2014/2015 is tendered in evidence through the witness and submitted and marked exhibit 141 DW2 A2/A3.
Q. In 2012/2013, the total was 835,466.19 metric tons that was produced by COCOBOD
A. That is correct
Q. In 2013/2014 it went to 896,219, that is correct?
A. That is correct.
Q. That shows a jump
A. That is correct an increase
Q. would you attribute that to any particular fertiliser?
A. No, the yield you get for cocoa is an expression of the relationship between the plant and the environment. The environment includes rainfall, the nature of the soil, farmer practices and crop protection against pests and diseases, fertilisers and other variables.
Q. At 2014/2015, the total output as recorded is 740,254.06, there was a dip in the production, that is correct
A. That is correct
Q. Will you attribute that to any one particular fertiliser?
A. I will not.
Q. It picked up a little in 2015/2016 to 778,043.38, that is correct?
A. That is correct.
Q. Would you attribute that rise to any particular fertiliser?
A. I will not.
Q. In 2016/2017, where were you?
A. It depends on the month of the year.
Q. 2016 planting period where were you?
A. In 2016 from January till December, I was the Executive Director of CHED.
Q. Which fertilisers did you distribute to the farmers?
A. This might be difficult for me to recall all the fertilisers used in that year.
Q. Cast your mind back, 2016 included Lithovit fertiliser, that is correct
A. I suspect it was, not too sure
Q. The production for 2016/2017 was 989,510.69 that is correct
A. That is correct
Q. And for a very long time that was then highest production
A. That is correct.
Q. Again, no particular fertiliser can claim glory for that increase in yield or can claim to be responsible for that increase in yield.
A. That will be correct and indeed if I may add no single agronomic, husbandry or management practice can claim to increase in production.
Q. In 2021 the yield jumped to 1,047,384.94, that is correct?
A. That is correct
Q. The following year, 2021/2022, it fell by almost 40% to 683,268.94, that is correct?
A. That is correct
Q. Would it be right for anybody sitting anywhere to say that it was as a result of fertilisers that were bought by your chief executive in 2021/2022?
A. That would not be the case, it is a combination of myriad of factors.
Q. Please explain to this honourable court why your chief executive for that year should not be blamed for the fall from 1,047,384.94 to 683,268.94?
A. I would not blame my Chief Executive because he does not have any control over the elements and factors that determine production including the world market Price.
Q. Will you attribute the fall in production from 2020/2021 cocoa season to 2021/2022 cocoa season to any fertiliser procured under the supervision of your Chief Executive at the time?
A. I will not. The changes or the vagaries in production figures is impinged on as I have explained before by basket of factors.
Q. 2022/2023 it fell further to 656,139.87, that is true?
A. That is true
Q. Who do you blame for that?
A. I am not in the position to blame anybody
Q. Which fertiliser do you blame for that?
A. I blame no input.
Q. When you take out the production of 2022/ 2023 which is 656,139.87 from the production of 2016/2017 which is 969, 510.69 you will get 313,370.82 metric tons, that is correct?
A. That is correct.
Q. Tell this honourable court as far as you are aware has anybody been held responsible for the two years of 2021/2022 and 2022/2023 for the production in cocoa?
A. I don’t know of anybody being held responsible.
Q. Would it be appropriate for the managers of COCOBOD for 2021/2022 and 2022/2023 to be held responsible for fall in production when you yourself has said that production is as a result of basket of issues, and that no agronomy practice, husbandry or management can determine the production?
A. I do not think it would be appropriate unless there is clear evidence of dereliction of duties on the part of any staff.
Q. Can any particular fertiliser or chemical be held responsible for the fall that we have seen in 2021/2022 and 2022/2023?
A. I do not think so.
Sitting has been adjourned to April 8, 2024.
