…Insists Opuni did not write procurement requests
The Director of Research, Monitoring and Evaluation at COCOBOD, Dr Francis Baah, has told an Accra High Court that a letter to Cabinet in 2014, requesting clearance to purchase fertilizers, including lithovit was written by the Procurement Unit of COCOBOD with inputs from other departments.
Giving a detailed account of how letters going to the PPA and outside COCOBOD originated, Dr Baah, was emphatic that the letter was signed by Dr Stephen Opuni, because he was the only one mandated to do so as COCOBOD Chief Executive.
He told the court, presided over by Justice Aboagye Tandoh, who is now heading to the Court of Appeal, that it is a policy at COCOBOD that unless authorized by the Board, nobody can sign such letters except the Chief Executive.
The letter in question which was tendered by the prosecution and marked Exhibit L is dated February 11, 2014. The letter concerns an application for approval to sole source fertilizer for the CODAPEC HiTECH programme for 2013/14, and was addressed to the secretary to the cabinet, Office of the President.
It was seeking approval to sole source the purchase of six different kinds of fertilizers, including Asaase wura, cocoa master, Sidalco and lithovit.
Meanwhile, COCOBOD’s current Director of Research, Monitoring and Evaluation’s revelation on Monday, April 8, further discredited the prosecution’s claims that since the letter was signed by Dr Opuni, then it was written by him; an allegation that flies in the face of longstanding procedures at COCOBOD.
The former COCOBOD boss, 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.
They have pleaded not guilty to the charges and are on a GHS300,000 self-recognisance bail each.
With over three decades of work experience at different levels and different divisions at COCOBOD, Dr Francis Baah, recalled working as the Office Manager under two Chief Executives – Anthony Fofie and Dr Opuni appointed by former Presidents Kufuor and Mahama respectively.
Being cross-examined by counsel for Dr Opuni, Lawyer Samuel Codjoe, the witness insisted that Dr Opuni did not interfere in his work and that of others.
“You see in your position, having been the office manager in the office of the chief executive, even though this letter, exhibit L is signed by the chief executive, he is not the person who originated this letter,” the witness was told.
“Yes my Lord, this letter would have been developed, prepared with inputs from the various appropriate units already mentioned before it comes to the office of the chief executive,” Dr. Francis Baah confirmed.
The witness’ account confirms the evidence of a retired Director of Finance at COCOBOD, Mr Charles Dodoo, which he gave on 2nd December 2021, that the letter in question was written by the procurement department with inputs from the persons copied in the letter.
“My Lord he was the Director of Finance and procurement was under him, if he says so I’m not in a position to deny that,” the witness told the court.
He was further asked: “And you are also aware, once these letters are written by the experts, the Chief Executive will sign them because he is the person mandated to sign letters on behalf of COCOBOD, is that not so?”
He responded, “Yes my Lord, letters going to the office of the president, are signed by the chief executive. Letters going outside COCOBOD, unless otherwise authorized by the board are also signed by the chief executive”.
Dr. Baah also said the size of the farm area to be covered by the fertilizers that COCOBOD intended to purchase was also not determined by Dr. Opuni.
“Yes my Lord, my expectation is that the area to be covered would be from CODAPEC and HITECH, but the last bit of the statement at no cost to the farmer is a policy statement and that would be from the board. Because my Lord the decision to provide either at subsidy or at no cost is a policy decision of the board of COCOBOD.”
He added that based on the certificate attached to the letter, the experts who requested the purchase of lithovit, would know that they were dealing with a liquid fertilizer.
Below is what transpired in Court;
Q. Dr. Francis Baah, at the time first accused was appointed as the chief executive of COCOBOD you were already in the office of the chief executive, isn’t it
A. My Lord that is correct
Q. And before first accused was appointed as Chief Executive of COCOBOD, he didn’t know you
A. My Lord I did not know the first accused before he came to office
Q. But when he assumed the position as chief executive you continued with your work as you were doing under the previous chief executive, that is Mr. Anthony Fofie, as you were doing. Is that not so
A. My Lord that is so
Q. And when first accused assumed the position of Chief executive, he never interfered in your duties
A. My Lord I want the word interfere explain to me
Q. By interfere I mean he did not impose and or instructed you to engage in acts which were not in the proper exercise of your job specifications
A. No my Lord that would be correct
Q. You informed this court that you were in the chief executive office as office manager until you were transferred to head CHED, is that not so
A. My Lord that is correct, I was transferred to CHED as the acting director on 4th April 2014
Q. When you were transferred to head CHED in April 2014, that was an upgrade from your position as the office manager
A. My Lord I had responded to an internal advertisement for the position of deputy executive director of CHED, my Lord I went through the competitive process with at least seven others, and my lord my appointment was approved by the board of directors
Q. First accused did not in anyway whatsoever influenced your appointment as the deputy executive director as CHED, is that not so
A. My Lord that is so, the appointment was approved by the board before the first accused assumed office. The appointment was approved but the appointment letter had not been issued.
Q. So when were you transferred from CHED
A. If my memory serves me right, I think 26th of January 2017
Q. Do you know, who was the chief executive as at 26th of January 2017
A. There was no substantive chief executive so far as I could remember during a period of interregnum
Q. Who signed your transfer letter
A. That letter was not a transfer, it was headed outstanding leave, and my lord I was advised to enjoy my outstanding leave with effect from the date I received the letter
Q. Who signed the letter
A. The letter was signed by honourable Owusu Afriyie Akoto, the designation was the President’s Representative at COCOBOD
Q. I’m putting it to you that as a very long standing staff of COCOBOD, you were aware of the organogram at COCOBOD
A. Yes my Lord
Q. Can you tell me where the president’s representative at COCOBOD fits into the organogram
A. My Lord I asked myself the same question. But the board were in the period of transition. I asked the question because the bearer of the letter was coming from the office of the chief executive who took over from me as the office manager at the office of the chief executive. He told me that he took the letter personally from Dr. Owusu Afriyie and that I’m not the only one to receive such a letter, so he advised that I prepare my handing over that he will come personally and pick it for the honourable, which my Lord I did. My Lord the transfer letter to CRIG came much later and was signed by Hon. Joseph Boahene Aidoo who was the chief executive
Q. In which month did the CRIG letter come from Joseph Boahene Aidoo
A. My Lord I believe in 2018, if can switch my phone on I can get the date
Q. Did the president’s representative at COCOBOD, Dr. Afriyie Akoto show you any letter of appointment of his position
A. No my Lord, but I knew he was the chairman of the transition team on cocoa because I appeared before the committee
Q. At the time Owusu Afriyie Akoto wrote this letter to you, COCOBOD has a human resource (HR) department which is the proper department in charge of transfer, is that not so
A. My Lord that the HR department has that role as described
Q. In fact at the time Owusu Afriyie Akoto wrote that letter he wasn’t a public officer
A. My Lord I wouldn’t know
Q. But you are aware that at the time he wrote the letter he has not been appointed as the minister of Agric
A. Yes I’m aware, but I was also told he was acting on the authority of the office of the president
Q. And in fact at the time he was issuing that directive, COCOBOD was under the ministry of finance
A. Yes my Lord
Q. Dr. Francis Baah, I’m putting it to you, that yourself together with the other staff who complied with the directive from Afriyie Akoto when he wasn’t even a public officer acted wrongly
A. My Lord I’m not in a position to come to such a conclusion
Q. And that at least, you should have sought clearance and or clarification of the content of this letter from Owusu Afriyie Akoto
A. My Lord I sought clarification from the person I deemed critical at the time to seek clarification from, that is my immediate boss, Dr. Francis Kofi Oppong who was the deputy chief executive of Agronomy and quality control. My Lord who suggested to me that I abide by the content of the letter, so my Lord I handed over and commence the enjoyment of my leave
Q. I’m putting it to you that your failure, neglect or refusal not to abide by this obvious illegality was wrongful on your part
A. My Lord I vehemently disagree with counsel because the honourable Akoto Afriyie had been clothes with the authority, because as the chairman of the transitional team all directors of COCOBOD at the time were invited to appear before the transitional committee which we complied. So my Lord there was an aura of authority so it was prudent that I acted as I did
Q. I’m putting it to you that under this transitional period, you were aware that a political person like Owusu Afriyie Akoto who has no place in the organogram of COCOBOD had no right to interfere in the management of COCOBOD
A. My Lord I’m unable to come to the conclusion on what counsel had made
Q. And that even when he was appointed as the minister of Agric subsequently, hon. Owusu Afriyie Akoto still did not have the power to write to you in the way he did
A. My Lord my answer remains the same, I’m not in a position to confirm or deny if he had the power at the time
Q. And that even when he was subsequently appointed as the then minister for agriculture, COCOBOD had an existing Management in place which was independent of him, hon. Owusu Afriyie Akoto
A. My Lord that may be so
Q. Now, in your capacity as the office manager at the chief executive’s office, you were in charge of the administration of this office
A. Yes my Lord that was the case
Q. Would I be right to say you worked under two different chief executive, namely Anthony Fofie who was appointed by former president Kufuor and first accused who was appointed by former President Mahama
A. My Lord that is correct
Q. So you are aware that when there was the change of government after former President Kufuor had left office, there was also a transitional team on COCOBOD, is that not so
A. Yes my Lord there was
Q. Who was the head of the transitional team after president Kufuor had left office
A. My Lord I can’t remember
Q. I’m putting it to you that the transitional team did not interfere in the internal administration of COCOBOD
A. My Lord I cannot confirm that, because interference is at different levels. I’m not in a position to say whether they interfered or did not interfere
Q. But know letters such as the one you received from hon. Dr. Owusu Afriyie Akoto were never written to any staff
A. My Lord with the period at reference I’m not aware of anyone receiving such letters
Q. In the chief executive’s office , you are aware of letters which come to the chief executive’s office concerning COCOBOD’s matters
A. Yes my Lord we receive on the average 150 documents from the division, subsidiaries, farmers and also outside COCOBOD
Q in fact after you had acted on the directive of hon Afriyie Akoto you were subsequently investigated with respect to lithovit fertilizer, is that not so
A. My Lord I was invited to assist in the investigation
Q. You even gave a caution statement to the police, is that not so
A. My Lord I don’t know what a caution statement is. The police came to CRIG where I was interviewed and I gave them a statement, I don’t know whether it was caution or not
Q. Before the police came to CRIG, you had appeared before EOCO on numerous occasions, all in connection with this investigation on lithovit
A. Yes my Lord I was invited by EOCO to assist in the investigation on matters of COCOBOD on a number of occasions
Q. On those occasions you were shown some letters of correspondence on lithovit
A. Yes my Lord in 2018
Q. Exhibit L is a letter dated the 11th day of February 2014, and this letter concerns application for approval to sole source fertilizer for the CODAPEC HiTECH program for 2013/14 that is so
A. Yes my Lord
Q. This letter is addressed to the secretary to cabinet, office of the president, do you see the hon minister of finance and economic planning
A. Yes my Lord
Q. Turn to the next page, the letter seeks approval to sole source the purchase of six different kinds of fertilizers including asaase wura, cocoa master, Sidalco and lithovit. Is that not so
A. Yes my Lord, the paper before me says it is so
Q. This letter is copied to the deputy chief executives, Finance and Administration, Agronomy and Quality Control, and Operations. These three deputy chief executives are the only three deputy executives
A. Yes at the time of the letter, we used to have four before but as at the time of the letter they were three. We used to have deputy chief executive in charge of marketing
Q. This letter is also copied to the director of finance, is that not so
A. That’s so
Q. Who does the director of finance reports to at COCOBOD
A. My Lord the director of finance reports to the deputy chief executive Finance and Administration
Q. The letter is also copied to the director of Audit
A. Yes
Q. Who does the director of Audit reports to
A. My Lord I stand to be corrected that the director of Audit reports to the deputy chief executive finance and administration
Q. This letter is also addressed to the national project coordinator CODAPEC/HiTECH
A. My Lord that is correct, the position was occupied by a deputy director who reports to the deputy chief executive Agronomy and Quality Control
Q. Then it was addressed to the procurement manager as the last person
A. Yes my Lord
Q. You see, the procurement manager reports to the director of finance who in turn reports to the deputy chief executive Finance and Administration
A. My Lord that is correct
Q. Then you also have the national project coordinator CODAPEC and HITECH also reports to the deputy chief executive A and QC who in turn reports to the chief executive
A. My Lord that is so
Q. In your position as the office manager, you are aware that this letter which has the procurement manager copied is a letter from the procurement unit of COCOBOD
A. Yes my Lord, this would most likely come from procurement but would have inputs from finance and the national Coordinator for CODAPEC and HITECH
Q. In fact in your capacity as the then office manager, you would be aware that, the inputs of all these persons you have mentioned would be given to a particular contact person, in this case the procurement unit to put the letter together
A. Yes my Lord that would be my expectation
Q. And in fact without the procurement, finance, audit and CODAPEC and HITECH departments being the originators of this letter, the various heads of these departments and units who were copied on this letter would not have been copied
A. Yes my Lord that would be correct
Q. You see in your position, having been the office manager in the office of the chief executive, even though this letter, exhibit L is signed by the chief executive, he is not the person who originated this letter
A. Yes my Lord, this letter would have been developed, prepared with inputs from the various appropriate units already mentioned before it comes to the office of the chief executive
Q. You know one Charles Tetteh Dodoo
A. Yes, that is the retired director of finance
Q. Mr. Dodoo, who is a retired director of finance gave evidence in this court as DW1 and he stated in his evidence in chief that, on the 2nd day of December 2021, that this letter was written by the procurement department with inputs from the persons copied in the letter, you will agree with him
A. My Lord he was the director of finance and procurement was under him, if he says so I’m not in position to deny that
Q. But you as you stand here when it comes to procurement of fertilizers and chemicals, having worked in the chief executive’s office both during Anthony Fofie’s time and first accused’s time, that all these letters originate from the procurement department previously procurement unit
A. My Lord that would be right, procurement was under finance
Q. And you are also aware, once these letters are written by the experts, the chief Executives will sign them because he is the person mandated to sign letters on behalf of COCOBOD, is that not so
A. Yes my Lord, letters going to the office of the president, are signed by the chief executive. Letters going outside the COCOBOD, unless otherwise authorized by the board are also signed by the chief executive
Q. When you read from paragraph four on page one of exhibit L, it specifically mentions that “Sidalco and lithovit liquid fertilizers would be utilized in the CODAPEC program to cover an area of about 2, 000,000 hectares at no cost to the farmers”. This statement would not come from the chief executive but from the appropriate unit in charge of fertilizers who have the technical knowledge
A. Yes my Lord, my expectation is that the area to be covered would be from CODAPEC and HITECH, but the last bit of the statement at no cost to the farmer is a policy statement and that would be from the board. Because my Lord the decision to provide either at subsidy or at no cost is a policy decision of the board of COCOBOD.
Q. You see when lithovit is stated here as a liquid fertilizer in exhibit L, it is the technical people who are copied in this letter who would have stated so
A. Yes my Lord I agree with counsel. Additionally there is a certificate attached which talks about foliar fertilizer and foliar is applied to the leaves
Q. You see , Dr. Francis Baah, as at 11th February 2014 when this letter was written the requisite personnel in charge of the purchase of specific fertilizer who have been copied in exhibit L and who originated this letter for the signature of the chief executive, that is the first accused, were under no illusion or confusion that lithovit was a liquid fertilizer
A. My Lord I cannot speak for them, but I will just assumed that having seen the certificate attached they will know that they are dealing with a liquid fertilizer
Q. If you look at the second page of exhibit L which is tendered by the prosecution, you have lithovit and Sidalco whose quantities are stated in litres, one million litres of liquid fertilisers ie 700,000 litres for lithovit and 300,000 for Sidalco, is that not so
A. My Lord it is on page two of exhibit L, and that is the case here
Q. You see, litres refers, can only be a measurement for liquid and nothing else
A. My Lord a distinction on the table between cost per bag and cost per a litre on column 4, so my Lord from my elementary chemistry, litres means we are dealing something that flows, liquid. But I don’t know if legally there is another meaning.
Q. In science do you have any other meaning for measuring in litres apart from measuring liquid
A. I don’t know if anything has changed, but my chemistry tells me that when you say litres you are dealing with liquid
Q. You see, exhibit L which you have before you, is the procurement unit’s copy of the letter as their stamp is embossed on the first page
A. Yes my Lord I can see received, the procurement unit stamp
Q. What it therefore means, as you have confirmed in court, is that this letter which originated from the various units who are copied therein, was known by all the persons copied there who did no object in anyway to the content contained therein.
A. Yes my Lord, the copy before me indicates that the procurement manager received it but whether the other units objected to it. I’m not in a position to know whether they objected to the content or not
Q. The letter further indicates the cost of these fertilizers at a total cost of 220,809,000 Ghana cedis. This figure together with the quantities of these individual fertilizers could only have come from the CODAPEC unit, procurement unit and finance unit which is in charge of payment
A. Yes my Lord that would be the case, the last paragraph of the letter exhibit L answers the question counsel is asking.
Q. In fact in the last paragraph, it states that “provision for the said purchase have been made in board’s 2013/14 budget and the procurement plan”
A. Yes my Lord as stated
Q. The 2013/14 budget was prepared before first accused, Dr. Opuni was appointed as the chief executive of COCOBOD
A. My Lord it is a plausible proposition
Case adjourned to Monday at 10:30am
