A former Executive Director of Cocoa Research Institute of Ghana (CRIG) has reduced to rubble, the pillar on which the state had been clutching at with regards to the testing regime at the research arm of COCOBOD.
Dr Gilbert Anim Kwapong who retired from COCOBOD in December 2022 offered a considerable level of education to the court on Thursday, December 14, 2023 when he took time to explain how CRIG scientists test fertilizers.
The witness’ statement contradicted the long-held claim by the state that fertilizers submitted to CRIG go through a three-year testing period before they are finally approved.
The prosecution had claimed that there is an established testing period at CRIG, but it has yet to produce any documentary evidence to back that claim.
It is the case of the prosecution that Lithovit fertilizer which is at the centre of the trial did not go through that full testing period before it was issued with certificate.
But Dr Kwapong, who supervised the testing of many fertilizers and renewal of certificates, has maintained that the approval of any fertilizer is based on many explained factors, and not based on a specific period of time.
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, who 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.
They have pleaded not guilty to the charges and are on a GH¢300,000.00 self-recognizance bail each.
Under cross examination led by Benson Nutsukpui, the lead counsel for businessman Seidu Agongo, Dr. Gilbert Kwapong told the court that testing of fertilizers at CRIG does not conform to a static norm.
He was being cross examined a document he authored in 2017, “with relevant information from scientists at CRIG”, months before the government commissioned investigation into the management activities at COCOBOD under the erstwhile Mahama-led administration.
The 14-page document which is marked as Exhibit 130 is titled “Testing of agrochemicals and spraying machines for use on cocoa farms in Ghana”.
The document listed all insecticides, fungicides and fertilizers that were undergoing evaluation prior to 5th September 2014 when he was appointed as the acting head and subsequently as the head of CRIG.
`The fertilizers included Number One, Cocoa Wura, Adom Cocoa and Adehye Cocoa which were all received in 2013 and test completed in 2015.
“Now Sir, it is true that in terms of calendar years what these four products have in common is that they were tested for two years, that is true,” lawyer Benson Nutsukpui asked.
The witness responded, “For the information listed in table 1(a) (exhibit 130 page 6) that is correct”, and added that throughout his stay at CRIG “I received no complaint neither did I hear any complaint” about the aforementioned fertilizers.
“Sir, from table 1 (a) clearly there is no rule of thumb that existed at CRIG prior to your appointment that all fertilizers fungicides, or spraying machines should be tested for three years,” counsel asked the witness.
Dr Anim Kwapong agreed and read portions of document to back it, noting that CRIG has in place qualified scientists in all divisions.
“So the protocol developed for testing of fertilizers, agrochemicals and spraying machines are not static to the extent that it decrees that all fertilizers should be tested for three years, that is correct,” counsel asked.
“My Lord that is correct and I would explain, if you look at fertilizer Number One, Cocoa Wura, Adom fertilizer and Adehye fertilizer. Now let’s come to the next column, that is the active ingredients, if you look at the active ingredients, they share active ingredients, albeit in different proportion particularly the nitrogen, phosphorus and potassium (N,P and K) same goes for sulphur (S) Iron (Fe) Zinc (Zn) magnesium (Mn) cooper (Cu) boron (B) Molybdenum (Mo).
“I want to indicate that all products are tested against standard, these standard have gone through thorough testing and have come out as the best so scientists use this standard as benchmark to test other products. More or less these products we have here, are more or less generics of the standard products and they are expected to behave the same as the benchmark product.
“Scientists will go through two stages of testing fertilizers. The first stage is at the laboratory to test for the presence of these active ingredients and also the solubility because the product needs to be soluble, and then we also test for the uptake. These are all carried out in the laboratory. And the other part is in the field.
“So once they collect the data and compare with the standard, they terminate the trial there. Because they can draw inference and extrapolation to conclude on the experiment. So with this, duration of trials are not always static.”
It was also pointed out to the witness that, as contained in exhibit 130, products like Elite organic fertilizer and Green OK were tested for four years, to drive home the fact that, “sometimes testing of fertilizers can last more than three years”.
“My Lord that is correct,” Dr Anim Kwapong responded.
Read excerpts of the cross examination below
Q: Dr Anim Kwapong, at the last sitting, I asked you if you prepared handing over as the head of crig when you were leaving and you said yes. That is true?
A: My lord, that is true
Q: Whom did you say you prepared it with ?
A: My lord with all the heads of divisions at crig
Q: And I also asked you if you prepared a paper on testing of agrochemicals and machines in Ghana and you said yes . That is true.
A: My lord that is true except that the title is different
Q: What is the title?
A: My lord, i can’t recall
Q: You told the court that the two papers you signed every page of them
A. My Lord that is correct
Q. the document you have is your handing over notes of the cocoa research institute of Ghana (CRIG) Tafo, that is correct
A. My Lord that is correct
Q. How pages is it
A. My Lord handing over notes is about 38 pages
Q. And you signed each and every page of it, that is correct
A. My Lord that is correct
Q. And you prepared it with all the other department heads at CRIG, that is correct
A. My Lord that is correct
Q. Can you remember around what time you prepared it
A. My Lord I think it was around late January early February 2017
Q . And who did you give the original copy to
A. My Lord I was directed to give it to the Hon. minister of agriculture and the representative of the president at COCOBOD
Benson, my Lord I want to tender the document through him
Prosecution: my Lord no objection
Court: document tendered in evidence and marked as Exhibit 129
Q. Now the other document you have, what is the title of that document
A. Testing of agrochemicals and spraying machines for use on cocoa farms in Ghana
Q. Again you prepared that document
A. My Lord I did
Q. Did you do it alone
A. That’s correct my Lord but I obtained some relevant information from some scientists at CRIG
Q. How many pages
A. My Lord it is 14 pages
Q. And you signed every page of that report
A. My Lord I did
Q. Look at the last page, 14, it’s indicated “reported by”, then your signature and your name Dr. Gilbert Anim Kwapong, that’s correct
A. My Lord that is correct
Q. Why the “reported by”, What does the reported by signifies
A. My Lord “report by” here is simply to indicate that Dr. Gilbert Anim Kwapong is the author of this document
Benson: my Lord we wish to tender this report through him
Prosecution: my Lord no objection
Codjoe: we don’t have any objection
Court: accepted marked exhibit 130
Q. Let’s start with exhibit 130, can you recall when you prepared it
A. My Lord the report was prepared in January 2017
Q. Your first statement to EOCO was 15th of March 2017, that is correct
A. My Lord that is correct
Q. So these two documents exhibits 129 and 230 were both prepared before your invitation to any of the investigative bodies and committees, that is also correct
A. My Lord that is correct
Q. Would I be right to say that these two exhibits, 129 and 130 were prepared in the normal and ordinary cause of your work well before your attention was drawn to any issue regarding the matters of which you gave statements to the investigative authorities or committees
A. My Lord that is correct
Q. Let’s take the paper on testing. You stated in paragraph two that at the time of your appointment as the executive director of CRIG, you had never had any encounter with A1 neither did he know you
A. My Lord that is correct
Q. Now it is true that attached to your paper on exhibit 130, you listed our all the insecticides that were undergoing evaluation prior to 15th September 2014, that is correct
A. My Lord that is correct
Q. You also attached a list of fertilizers undergoing evaluation prior to September 2014, that is correct
A. My Lord that is correct, but my document here is missing a page, page 7,
It was found in prosecution’s own copy so a photocopy was done for the other parties
Q. Sir so in fact the page 7 is your list of fungicides undergoing evaluation prior to September 2014, that is correct
A. My Lord that is correct
Q. Now please go to page 6, the fertilizer “Number One” which serial number is S4, was received by CRIG in 2013 and the test completed on the 23rd of May 2015 that is correct
A. My Lord that is correct
Q. The next one, the fertilizer “Cocoa Wura” was received by CRIG in 2013 and the test completed on 13th may 2015, that is correct
A. My Lord that is correct
Q. Adom Cocoa Fertilizer was received in 2013 and the test completed on the 25th of October 2015
A. My Lord that is correct
Q. Adehye Cocoa fertilizer, was received in 2013 and test completed on the 5th October 2015, that is correct
A. My Lord that is correct
Q. Now Sir, it is true that in terms of calendar years what these four products have in common is that they were tested for two years, that is true
A. For the information listed in table 1(a) (exhibit 130 page 6) that is correct
Q. Now for the time you stayed at CRIG, were any complaints about these four fertilizers, Number One, namely cocoa Wura, Adom fertilizer and Adehye fertilizer
A. My Lord I received no complaint neither did I hear any complaint
Q. Sir, from table 1 (a) clearly there is no rule of thumb that existed at CRIG prior to your appointment that all fertilizers fungicides, or spraying machines should be tested for three years
A. My Lord I want to refer this court to page 2 of exhibit 130 second paragraph on testing of chemicals and spraying machines my Lord I want to read that section: “To effectively and efficiently execute this mandate. CRIG has in place qualified scientists in all division…”
Q. So with this, so the protocol developed for testing of fertilizers, agrochemicals and spraying machines are not static to the extent that it decrees that all fertilizers should be tested for three years, that is correct
A. My Lord that is correct and I would explain, if you look at fertilizer Number One, Cocoa Wura, Adom fertilizer and Adehye fertilizer. Now let’s come to the next column, that is the active ingredients, if you look at the active ingredients, they share active ingredients albeit in different proportion particularly the nitrogen, phosphorus and potassium (NP and K) same goes for sulphur (S) Iron (Fe) Zinc (Zn) magnesium (Mn) cooper (Cu) boron (B) Molybdenum (Mo) I want to indicate that all products are tested against standard, these standard have gone through thorough testing and have come out as the best so scientists use this standard as benchmark to test other products. More or less these products we have here, are more or less generics of the standard products and they are expected to behave the same as the benchmark product. Scientists will go through two stages of testing fertilizers. The first stage is at the laboratory to test for the presence of these active ingredients and also the solubility because the product needs to be soluble, and then we also test for the uptake. These are all carried out in the laboratory. And the other part is in the field. So once they collect the data and compare with the standard, they terminate the trial there. Because they can draw inference and extrapolation to conclude on the experiment. So with this, duration of trials are not always static.
Q. Sir look at table 1(a) Elite organic fertilizer, was received in 2010 and completed testing in October 2014, that is correct
A. My Lord that is correct
Q. The fertilizer Green OK was received in 2011 and the test completed on the 20th October 2015, that is also correct
A. My Lord that is correct
Q. The trials for these two took four calendar years
A. My Lord that is correct
Q. So, again, sometimes testing of fertilizers can last more than three years, that is correct
A. My Lord that is correct
The matter has been adjourned to Monday, December 18.
