In a significant development within the ongoing COCOBOD trial, Dr Francis Baah, currently the Director of Research, Monitoring, and Evaluation at COCOBOD, has admitted to the court that procurement letters leading to the acquisition of Lithovit liquid fertilizer, were initiated under his guidance.
This revelation counters previous assertions by the prosecution, which attributed the preparation of documents for the Lithovit purchase between 2014 and 2016, to the former Chief Executive of COCOBOD, Dr Stephen Opuni, who is currently on trial alongside businessman Seidu Agongo.
The prosecution’s argument rested on the signatures of Dr Opuni on these procurement letters.
However, testimonies from witnesses have clarified that Dr. Opuni’s signature was standard procedure as the Chief Executive, or someone authorized by the COCOBOD board, had to sign such documents.
Dr Baah clarified during proceedings at the Accra High Court on Monday, April 22, 2024, that instructions to prepare procurement documents, including those about Lithovit, were explicitly given by him to the Procurement Manager.
These instructions were evident in the minutes of several procurement documents presented in court, highlighting his role in the process.
His directive to the Procurement Manager was specifically written on the invoice from Agricult Ghana Limited which is a quotation for Lithovit liquid fertilizer same as what he wrote on invoices for Sidalc 6:0:20 and Sidalco Balance 10:10:10 all fertilizers from Sidalco; ABP Limited for lifet A+; Seyi Jones Limited for the supply of elite organic fertilizer.
He also mentioned that Faxkay Company, which supplied SO ABAPA fertilizer; Olam Ghana Limited for ADOM Cocoa fertilizer; and Outspan Ghana Limited for the supply of Adehyie Cocoa fertilizer, were all treated the same way as Agricult in 2015.
“Under procurement, what is the instruction to the procurement manager?” The counsel asked the witness what he wrote on the invoices.
His answer was, “It reads; please for your information and necessary action. Prepare PPA documents with appropriate attachments for Chief Executive’s action.”
“Who signed this minutes directing the procurement manager to prepare PPA documents with appropriates attachments for the Chief Executive’s action?” When the witness was asked this, he stated, “Dr. Francis Baah, the Executive Director of CHED at the time.”
“Can you confirm that when you minuted to the procurement manager to prepare the PPA documents with appropriate attachment for the Chief Executive’s action you meant the procurement letter which the Chief Executive signs to the PPA for sole source of the fertilizer,” he was further asked, which Dr Baah said, “That is correct”.
Dr Baah reiterated that all the invoices that the Chief Executive received, he minuted on them to the appropriate person for his “necessary action”.
“It is after this minutes on this invoice dated 19th November, 2014 that Exhibit X i.e. the procurement letter which was dated 10th December, 2014 was written. That is correct?” counsel for Dr Opuni asked the witness in relation to Lithovit.
Dr Francis Baah, who was the Executive Director of CHED when the letter was written, responded, “That is the case.”
“This contract was also prepared by the procurement unit with input and vetting by the legal department and not the first accused who signed for and on behalf of COCOBOD,” the witness was asked, to which he replied, “Yes that is the expectation.”
The witness was therefore informed, “None of the persons in the chain of acts leading to the PPA letter and the contract, and more specifically none of the persons chain in Exhibits X, Y and Z have ever been sanctioned by COCOBOD as having engaged in any unlawful act with respect to the purchase of Lithovit by COCOBOD. That is so.”
“None that I am aware of,” Director of Research, Monitoring and Evaluation told the court.
He further confirmed that, in 2015, when COCOBOD received price quotation from Agricult, the Chief Executive as usual minuted on it and ensured that it goes through the chain.
“Yes. The letter from Agricult dated 12th November, 2015 was minuted to Deputy Chief Executive in charge of Agronomy and Quality Control, who then minuted it to the Executive Director of CHED (Dr. Baah) and then the Executive Director of CHED minuted it to Procurement Manager,” he pointed out.
He also confirmed that all the contracts in 2015, shown to him in court, were all prepared by the requisite personnel in procurement together with the legal department of Cocobod with inputs from finance for the execution of the Chief Executive for and on behalf of COCOBOD.
He also confirmed that all these contracts were witnessed by the Director of Finance of Cocobod as part of the practice there.
Dr Francis Baa, also confirmed that when COCOBOD received Public Procurement Authority’s approval for the purchase of Lithovit liquid fertilizer, Dr. Opuni minuted on the PPA letter to his deputy to work on it.
“So you can confirm that on the face of it when the Chief Executive received this procurement letter (exhibit CC from the PPA), he did not work on it personally but referred to the relevant person, in this case the Deputy Chief Executive, Finance and Administration,” the witness was asked.
“Yes, I can confirm that with Exhibit CC. The Chief Executive referred it to the Deputy Chief Executive F&A,” Dr. Baah told the court.
“In fact, it is this line of persons who are the relevant persons to work on this procurement. I am putting that to you by way of documentation and everything concerning the award of the contract namely the procurement processes and the others,” counsel asked.
“That would be correct,” the witness said, adding, “This type of contract would be prepared by procurement which in COCOBOD is part of finance.”
“None of the persons who worked in this chain with respect to the award of the contract for the purchase of this Lithovit liquid fertilizer whose details are contained in the minutes have ever been punished in any way whatsoever for having entered into an unlawful contract to purchase a wrong fertilizer,” lawyer Codjoe asserted.
“Not that I am aware of,” Dr Baah confirmed.
“I am putting to you that none of the persons who worked on this contract have ever been used as prosecution witnesses even though they were investigated extensively by COCOBOD and the various law enforcement agencies namely EOCO,” the counsel said.
In his response, the Director of Research, Monitoring and Evaluation said, “I am not aware of any such persons being used as witnesses.”
Dr Baah told the court that, neither the first accused nor the second accused, as well as officials from Agricult influenced him in the discharge of his duties, so far as the purchase of Lithovit foliar fertilizer is concerned.
The witness was confronted with contract documents signed between COCOBOD and K. Badu Agro Chemical for the supply of natural Asoutem liquid fertilizer signed by the current Chief Executive of COCOBOD Joseph Boahen Aidoo, and another contract for the supply of Number one liquid fertilizers from Kumark Company limited in 2017 signed on behalf of COCOBOD by Dr. Yaw Adu-Ampomah.
Dr Baah confirmed that the two contracts and others shown to him in court were witnessed by Peter Osei Amoako, Director of Finance at COCOBOD, and are similar in “wording and Structural” to those signed by Dr Opuni.
