…Court Told
The former Executive Director of Cocoa Research Institute of Ghana (CRIG), Dr Gilbert Anim Kwapong, has mounted a strong defence in support of the efficacy of lithovit liquid fertilizer which is currently a subject in the trial of former COCOBOD boss and two others.
The witness, who has previously told the court that the efficacy of lithovit was unquestionable, has rejected claims that the introduction of the fertilizer affected cocoa production in Ghana between 2014 and 2016.
He told the court that the country rather experienced great harvest during that period.
Dr Anim Kwapong, has been testifying in the trial of former COCOBOD Chief Executive, Dr Stephen Opuni and businessman Seidu Agongo, as well as Agricult Ghana Limited.
They are facing 27 charges, including defrauding by false pretense, willfully causing financial loss to the state, corruption by public officers and contravention of the Public Procurement Act in the purchase of Lithovit liquid fertiliser between 2014 and 2016.
The witness, who was transferred from CRIG Tafo to Cocoa House in Accra in January 2017, stated in his handing over notes that “through the effort of CRIG and with the massive support of COCOBOD, the quality of Ghana’s cocoa beans continue to be the benchmark against which the quality of beans from other origins are assessed”.
The lead counsel for Mr Agongo, lawyer Benson Nutsukpui, therefore sought to find out from the witness, between 2014 and 2017, whether anything changed, that would render Ghana cocoa beans not being the benchmark of which cocoa beans from other origins are assessed on the international market.
The former CRIG boss responded, “My Lord to the best of my knowledge nothing of that sort happened”.
“So if lithovit was supplied between 2014 and 2016, then I’m right to say it did not adversely affect your assessment you made of Ghana cocoa beans,” counsel asked.
“My Lord that is correct and within the period being referred to cocoa production in Ghana experienced a great output,” Dr Anim Kwapong stressed.
The witness further added that “in 2016 we have over 900,000 metric tons”, which he confirmed as one of the highest in the history of Ghana Cocoa Board.
The witness who retired from COCOBOD on December 11, 2022 as the Director of Monitoring and Evaluation, CODAPEC/HiTECH of CHED, emphasized that it is not true that Ghana’s cocoa yields went down because of lithovit.
He also justified CRIG’s decision to renew the certificate of lithovit, noting that “CRIG’s own assessment that enables us to renew certificates indicated that Lithovit met the requirements of the CTCM and therefore, recommended that the certificate of the product be renewed”.
Dr Anim Kwapong, also reiterated that it is not true, the assertion that if a fertilizer is not tested for three years it would be wrong to use on cocoa.
“Any assertion that supplying fertilizer that was not tested for three years for use on cocoa would be fraudulent can also not be true”, he was further asked.
“My Lord as I explained at the last meeting, the scientists have procedures for testing fertilizers and for some fertilizers they find it appropriate to terminate the trial at a certain point and draw conclusions on these fertilizers. The recommendations they make on these fertilizers indicate that they can be used profitably for cocoa production and therefore my answer to the question is yes”, he asserted.
Q. Please, look at exhibit 130, paragraph 3 for the introduction, it reads, “at the meeting on 27th December 2017, deputy chief executive, COCOBOD, at Alisa hotel. Dr Opuni the immediate past chief executive officer of COCOBOD stated that my appointment as Executive director of CRIG was based on recommendation of Dr F. M. Amoah the then Executive Director of CRIG” is that statement correct?
A. My lord, the year 2017 is a typographical error. Should rather be 2016. That was the last end of year party I attended. And I believe that Dr Opuni did not also attend any more, that was our last meeting. I’m very sorry for the error.
Q. If you correct the date, I believe the statement is correct?
A. My lord, with the correction, the statement is entirely correct.
Q. When you were taking over from Dr Amoah, did he prepare a handing-over notes?
A. I received a handing-over notes. But, I must state that, the handing-over notes had nothing on machine testing at CRIG.
Q. Do you know whether or not Dr. F. M. Amoah was also required to give a handing-over notes to the presidential advisor on cocoa?
A. The time I was taking over from Dr. F. My. Amoah the position of presidential advisor on cocoa’s office was not in existence.
Q. It is normal in all handing-over notes at CRIG to delve into testing of agrochemicals, fertilizers, fungicides and insecticides?
A. My Lord I didn’t have the privilege of seeing previous handing over notes, but chemical testing at CRIG is an important component of the work we do at CRIG. I believe that information on chemicals testing being part of the handing over notes is very important because that provides a lead or guide on chemical testing to anyone who is taking over.
Q. But the one prepared by Dr. F. Amoah did not have these component
A. My Lord that is correct
Q. Please tell this honourable court if you can remember. Who gave you the directive to give your handing over notes to the president’s
A. I received my letter 20th January 2017 informing me of my transfer from CRIG to cocoa house. And in that letter I was directed to hand over to his excellence the president’s representative at the Ghana cocoa board
Q. Sir, can you remember who signed the letter
A. My Lord I cannot recall.
Q. Please in the normal course of operation at CRIG, who is your direct boss and who do you report to
A. My Lord my direct boss is the deputy chief executive in charge of agronomy and quality control, and this is the office I report to
Q. Why does the office presidential adviser on cocoa fits in the organogram of COCOBOD
A. My Lord I don’t know
Q. I am suggesting to you that the position of presidential adviser on cocoa doesn’t exist in the organogram of COCOBOD
A. My Lord the letter I received stated the president’s representative. I don’t know
Q. Please tell this court whether the president’s representative on cocoa exist in the organogram of COCOBOD
A. My Lord I don’t know
Q. Again I’m suggesting to you that that position does not exist in the organogram of COCOBOD
A. My Lord I indicated that I don’t have any idea
Q. And further, the presidential adviser or representative on cocoa is a political creation that only came into being in January 2017 out of the transitional team, that is correct
A. Thank you for the information my Lord. My Lord I don’t know
Q. But you know as a fact that, that position either as adviser or representative did not exist before January 2017, that is correct
A. My Lord that is correct
Q. Tell the court if you know. The presidential adviser and or representative on cocoa, pw3 Dr. Adu Ampomah, and Dr. F M Amoah were all on transitional team on cocoa, that is correct
A. My Lord I don’t know
Q. And that was the origin of all the investigations of Lithovit at the transitional committee. Do you know
A. My Lord I don’t have any idea
Q. I’m suggesting to you that the investigation into lithovit started at the transitional team on cocoa
A. My Lord I’m hearing it for the first time
Q. Go to page 4 of exhibit 130. It is true that you were very clear that ” a number of fertilizers (11) fungicides (20), insecticides (18) were undergoing testing before your assumption of office as the executive director
A. My Lord that is correct
Q. Is it also true, that since 5th September CRIG received 32 fertilizers formulation samples for evaluation, that is correct
A. My Lord that is correct
Q. CRIG also received 28 and 32 fungicides and insecticides formulation respectively for testing
A. My Lord that is correct
Q. Now, from January 2017 when you handed over as executive director of CRIG till today, how many of
those fertilizers, the 11 and 32 making it 43 has been investigated
A. My Lord I don’t know
Q. Now apart from lithovit, have you heard of any other being investigated
A. My Lord I have not heard anything about any fertilizer or chemical being investigated
Q. Again have you heard of the any 20 fungicides and the 28 being investigated after the January 2017
A. My Lord I don’t know of any investigations ongoing
Q. Kindly tell this honourable court, what about the insecticides, do you know of any investigations going on with respect of that
A. My Lord I don’t know
Q. I’m suggesting to you that there are no investigations going on in respect of the fertilizers, fungicides and insecticides that were submitted to CRIG before your coming to office, and those submitted after you coming to office
A. I have no idea
Q. Sir please go to exhibit 130 of page 13 you said CRIG has for 79 years built the reputation as a World class Centre of excellence in cocoa research, that is correct
A. That’s correct
A. Do you still stand by that
A. That is correct and I stand by that because that continues to be the mission and vision of CRIG
Q. And you said CRIG has facilitated and fostered very strong linkages and collaborations with world renowned organizations, agencies, universities and major stakeholders in the world cocoa industry, you said so
A. My lord that is correct
Q. And you still stand by that
A. My Lord I still stand by the statement
Q. Now let me put you on the spot, so what would you say to the recommendation by the Adu Ampomah committee for the inclusion of scientists in the universities in the research of CRIG. Is it meant to be an indictment on CRIG
A. My Lord I don’t have a full recollection of the statement made by Adu-Ampomah
Q. Page 8 of the report of the adhoc investigations/disciplinary committee that investigated alleged malpractices of the testing of agro chemicals (Exhibit H). Would you consider that the recommendations F of exhibit H an indictment on CRIG
A. My Lord the statement here has the potential to undermine the hard won reputation of CRIG as a center of excellence for developing technologies that enables all stakeholders to achieve the objectives of the Ghana cocoa industry. Undermining the credibility of the scientists who carried out chemicals and machines testing at CRIG, this is an indictment that goes a long way to damage CRIG
Q. So, I’m right to say that you do not agree with that recommendation
A. My Lord certainly I’m not in agreement with the recommendation
Q. Sir, you also stated that in exhibit 129 page 23″ through the effort of CRIG and with the massive support of COCOBOD, the quality of Ghana’s cocoa beans continue to be the benchmark against which the quality of beans from other origins are assessed. You stated that
A. My Lord I did
Q. Do you still stand by that
A. My Lord I still stand by that but as of today I don’t know what is happening at the international market
Q. As at January 2017, that statement of Ghana’s cocoa beans being the benchmark against which other cocoa beans from other origins were being assessed was very true
A. My Lord that is very true
Q. It is true that 3 years of supply of lithovit did not negatively impact our cocoa beans to change that position, that is correct
A. My Lord in so far as there has not been any adverse report from the international market on the quality of Ghana’s cocoa except for a time when there was a report of herbicides contamination (24D name of herbicide).
Q. For the avoidance of doubt, herbicide 24D is not from lithovit
A. My Lord that is correct
Q. The herbicide 24D is also not from the third defendant Agricult
A. My Lord that is correct
Q. You left CRIG in January 2017, that is correct
A. My Lord that is correct
Q. Lithovit was supplied as fertilizer to COCOBOD between 2014 and 2016 that is correct
A. My Lord I don’t know that
Q. In 2017 you were also at CHED
A. My Lord that is correct
Q. Between 2014 and 2017, did anything change, that would render Ghana cocoa beans not being the benchmark of which cocoa beans from other origins are assessed on the international market, that’s correct?
A. My Lord to the best of my knowledge nothing of that sort happened
Q. So if lithovit was supplied between 2014 and 2016, then I’m right to say it did not adversely affect your assessment you made of Ghana cocoa beans
A. My Lord that is correct and within the period being referred to cocoa production in Ghana experienced a great output.
Q. Sir, you said cocoa production during the period, and the period being referred to is the period 2014 to 2016
A. My Lord I think in 2016 we have over 900,000 metric tons
Q. Sir indeed 2016 gave Ghana cocoa board one of the highest yields in it’s history that is correct
A. My Lord that is correct
Q. So if anybody tells this honourable court that, Ghana’s cocoa yields went down because of lithovit that cannot be true
A. My Lord, I don’t think that can be true.
Q. Exhibit 129. Please look at page 2 of exhibit 129, in 2016 CRIG had 35 research scientists that is correct
A. My Lord that is correct
Q. And indeed your table 1 detailed the number of researchers that have worked at CRIG from 2009 to 2016, that is correct
A. My Lord that is correct
Q. In fact as 2009 you had as many as 44 research scientists
A. My Lord that is true
Q. And it is also true that throughout the years, page 5, one of the major research areas was to address the low productivity resulting mainly from low yielding and aged cocoa tree stalks, pests and diseases and decline in soil fertility on farmers farms , that is correct
A. My Lord that is correct
Q. And you see, a fertilizer that can improve the yields of mature cocoa, would be welcomed in a situation of this kind of problems.
A. My Lord that is correct
Q. So if officials of CHED find that Lithovit improves the yields of matured cocoa that would be in line with the problem complained of.
A. My Lord that is correct
Q. Did it ever come to your attention while you were the executive director that officials of CHED found as a fact that Lithovit was applied to, improved the flowering and yields of matured cocoa trees that it was used on
A. That was not brought to my attention but CRIG’s own assessment that enables us to renew certificates indicated that Lithovit met the requirements of the CTCM and therefore, recommended that the certificate of the product be renewed.
Q. Now, it is true that cutting the low productivity in the cocoa industry is always on the front burner of every COCOBOD and CRIG administrations
A. My Lord that is correct
Q. Please turn to page 23 of exhibit 129, look at number 9, So Abapa was submitted in 2013 and the test was completed in 2015, that is correct
A. My Lord that is correct
Q. Go to number 11 of exhibit 129, D.I. Grow liquid fertilizer was received in 2012 and recommended in 2013 that is correct
A. My Lord that is correct
Q. Cocoa Sett was received in 2013 and the test was completed in 2013
A. My Lord that is correct
Q. Now, number 10, lithovit was received in 2013 and the test completed in 2014 that is correct
A. My Lord that is correct
Q. The common denominator of all the four, number 9, 10, 11, 12, they were tested between a year and two years
A. My Lord that is correct
Q. And of all of them the only one investigated and complained of them is lithovit, that is also correct
A. So far as I know that is correct
Q. Go to the next page, page 34 of exhibit 129, the number 17 AcarP compost for raising cocoa seedlings, that was submitted in 2015 and recommended in the same year 2015, that is correct
A. My Lord that is correct
Q. Fertegre cacao super, was submitted in 2012 and the test completed in 2014, that is correct
A. My Lord that is correct
Q. Number One was submitted in 2013 and completed in 2015, that is correct
A. My Lord that is correct
Q. The same apply to cocoa Wura and Green OK, they were submitted in 2013 and test completed in 2015
A. My Lord that is correct
Q. Therefore any assertion that if a fertilizer is not tested for three years and used on cocoa would be wrong, cannot be true
A. My Lord that assertion cannot be right
Q. Any assertion that supplying fertilizer that was not tested for three years for use on cocoa would be fraudulent can also not be true
A. My Lord as I explained at the last meeting, the scientists have procedures for testing fertilizers and for some fertilizers they find it appropriate to terminate the trial at a certain point and draw conclusion on these fertilizers. The recommendations they make on these fertilizers indicate that they can be used profitably for cocoa production and therefore my answer to the question is yes
Q. The protocol that the scientists developed for testing fertilizers as you told this court, they also developed appropriate protocol for testing of fungicides and insecticides that is correct
A. My Lord that is correct
Q. And from page 36 of exhibit 129 you have listed the insecticides that were submitted for testing at CRIG between 2009 and 2016, that is true
A. My Lord that is true
Q. And you also listed the active ingredients of the insecticides
A. My Lord that is true
Q. It is true that, it is the efficacy of the active ingredients that’s important and not the length of the testing period, that is correct
A. My Lord depending on the type of active ingredients and molecules that is correct. Some molecules are novel, new, this has never been used in the system and therefore, it has to be tested over several seasons, otherwise the molecules that we know, they have standard and have tested them again, the testing period can be shortened.
Q. Does CRIG conduct all the laboratory testing of fungicides and insecticides in their laboratory at CRIG, Tafo
A. My Lord for testing of residues of cocoa beans this is done outside of the country, for some other molecules we seek the assistance of the Ghana Standard Authority
Q. It is true that CRIG takes all the necessary professional steps to ensure the integrity of its test, that is correct
A. My Lord that is correct
Q. Exhibit H, open page 8, in recommendation E, the committee stated, ” the system of testing at CRIG should be reviewed to make it more stringent and independent of the individual scientist who conduct the testing.” In view of all the answers you have given today, would consider this an indictment on CRIG
A. My Lord I don’t understand this part of statement, that scientists should be made independent of the individual testing
Q. If that statement were to mean that the scientists were not objective in their test would you agree to it
A. My Lord we have had cause to discipline some scientists who deviate from what I would consider the norm, so I would not agree with this statement. We have our own internal mechanisms that ensures that the right things are done.
Q. Would you agree to that recommendation E
A. My Lord once again, we mentioned in this particular courtroom, something that was done at CRIG in December 2016, a minute we read from that meeting that Dr. Oddoye is to be the chairman of the CTCM, the minutes prepared by Ms Fatima Musah, those minutes clearly shows that we have our own review from time to time. As an institution we are capable of reviewing our own work, and we would always welcome suggestions and recommendations but certainly would not agree with what is suggested in recommendation E.
