Former Chief Executive Officer (CEO) of Ghana Cocoa Board (COCOBOD), Dr Stephen Kwabena Opuni, has acknowledged the “authority” of “God,” after the state through the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, yesterday dropped all criminal charges against him, the businessman, Alhaji Seidu Agongo, and Agricult Ghana Limited.
State Attorney, Enam Loh Mensah, informed the Accra High Court, presided over by Justice Aboagye Tandoh, of the Attorney-General’s instructions to file a Notice of withdrawal on Tuesday, January 28, 2025, to drop all charges against them.
“All power and authority belong to the almighty God and not human beings. I will add that the living God I serve has disgraced and has cursed all my enemies, my persecutors, and my destiny haters,” Dr Opuni said, speaking to the media yesterday.
Dr Opuni, gave praise to God, adding that the Almighty has disgraced and cursed all his enemies.
This means, the ex-COCOBOD boss and the others, get to walk a free man after almost 8 years of walking down the High Court, the Court of Appeal and the Supreme Court of Ghana fighting off claims that they willfully caused GhȻ217.3 million financial loss to the state.
Many had seen the trial as political persecution, following public statements by then President Nana Akufo-Addo and the immediate past, Attorney General and Minister of Justice, Godrfred Yeboah Dame, to that effect, including pushing for the reinstatement of the onetime trial judge, Justice Clemence Jackson Honyenuga.
The judge, who had since retired as a Supreme Court Justice, once was banned by his Supreme Court peers for making comments considered prejudicial about the case.
The notice, cited by The Herald, and signed by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa for the Attorney General and Minister of Justice, Dr Dominic Akuritinga Ayine, was titled “Notice of Withdrawal of all charges under section 59(1) of the Criminal and Other Offences (Procedure) Act 1960, (Act 30)”.
It was dated 28 day of January 2025 at the Office of the Attorney-General, Accra, and said: “PLEASE TAKE NOTICE that the Republic, hereby withdraws all charges against all the Accused Persons under section 59(1) of the Criminal and Other Offences (Procedure) Act 1960, (Act 30)”.
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Section 59 of Act 30 of the Criminal Procedure and Other Offences Act, particularly (iii), the Court said “After the case for the prosecution has been closed, the accused shall be acquitted in respect of the offence or offences.”
“My lord respectfully, the Attorney General has instructed that the charges against the accused persons in this matter be withdrawn. Pursuance to this the republic has filed a notice of withdrawal,” Enam Loh Mensah, informed the court yesterday.
Samuel Codjoe, Counsel for Dr Opuni and Benson Nutsukpui, counsel for Seidu Agongo both confirmed to the Court presided over by Justice Aboagye Tandoh that they had been served with the notice of withdrawal.
Dr Opuni and Mr Agongo, had been facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the State, money laundering, and corruption by a public officer, all in violation of the Public Procurement Act.
They pleaded not guilty to the charges and were each granted self-recognizance bail of GH¢300,000.00.
Dr Opuni, Seidu Agongo and his company have been in Court since March 25, 2018.
The presiding judge, Justice Aboagye Tandoh, upon hearing the Prosecution acquitted and discharged.
“Accordingly, the accused persons – Dr. Stephen Kwabena Opuni, Seidu Agongo, and Agricult Ghana Limited – are all acquitted and discharged of all charges levelled against each one of them,” Justice Aboagye Tandoh, a Justice of the Court of Appeal who is presiding over the case as an additional High Court judge delivered.
On March 25, 2018, Dr Opuni and Seidu Agongo, pleaded not guilty to willfully causing GhȻ217.3 million financial loss to the state.
They were arraigned on a combined 27 counts ranging from willfully causing financial loss to the state, abetment of fraud, defrauding by false pretense, money laundering, corruption by a public officer and contravention of the Public Procurement Act, among other charges.
Dr Opuni and Agongo, the Managing Director of agrochemical firm, Agricult Ghana Limited, were dragged to court by then then Attorney- General and Minister Justice, Gloria Akuffo, for allegedly acting illegally in a fertilizer deal (Lithovit Liquid Fertilizer) that cost COCOBOD the said amount.
On March 29, 2021, the prosecution led by the current Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa closed its case after calling seven witnesses to prove the charges against the accused persons.
The seven Witnesses who include Chief Inspector Thomas Prempeh Mercer, the investigator, were extensively cross-examined by defence lawyers, some spanning about six months.
Dr Opuni on December 3, 2021, opened his defence with a former Director of Finance at COCOBOD, Charles Tetteh Dodoo as his first witness.
He went on to parade 10 other witnesses among whom are farmers and end users of the fertilizer.
On February 13, 2023, Dr Opuni through his lawyers led by Samuel Codjoe, told the High Court presided over by Justice Honyenuga, that his client will not personally testify, and that, they will close their defence.
He said as indicated earlier to the Court, if satisfied with the evidence of the witnesses, Dr Opuni would exercise his right not to testify personally.
Justice Honyenuga, retired after a six-month extension, but could not conclude the trial amidst controversies.
On April 4, 2023, a new trial judge assigned to the case – Justice Kwasi Anokye Gyimah ruled that he would not adopt the proceedings of the retired Justice Honyenuga due to its controversies but would start the trial afresh (De novo).
He ordered for re-start from scratch and said it would be unfair for him to adopt a proceeding that was “saddled” with numerous allegations.
“It would be unfair for the court to ignore the allegations and adopt the previous proceedings as it is,” the judge ruled.
“In order for the court to have a first-hand information of the trial and the demeanor of witnesses, the court will start the trial ‘De Novo’” the new judge said.
Justice Gyimah, also pointed out that, an accused person was by law required fairness and that the presumption of innocence should not be overlooked by the court but on July 3, 2023, a three-member panel of the Court of Appeal overturned the decision of the trial judge to start the trial afresh.
The panel directed for the proceedings and evidence led under the previous judge, Justice Hornyenugah to be adopted.
Interestingly, Justice Kwasi Anokye Gyimah was transferred from Accra to Kumasi in the Ashanti Region, by Chief Justice Gertrude Torkornoo, while Justice Aboagye Tandoh, who was later promoted as a Justice of the Court of Appeal was made to preside over the case with additional responsibility as a High Court judge assigned with the case.
Businessman Seidu Agongo and his company Agricult (2nd and 3rd Accused) were calling their witnesses to put out their defence.
At his last appearance, the ninth of their witnesses- a Principal Research Scientist with the Nuclear and Allied Sciences at the Atomic Energy Ghana, Dr Samuel Akoto Bamford is in the Witness Box.
As part of his testimony, he said the test report from the Ghana Standards Authority, being relied on to Prosecute Dr Opuni and businessman Seidu Agongo was “unreliable,” and will grade it one over ten.