Paul Agyei Gyang, Head of the Organised Crime Unit at EOCO during investigations into lithovit foliar fertilizer, has confirmed that the former Chief Executive of COCOBOD, did not instruct the Cocoa Research Institute of Ghana (CRIG) to issue a certificate for lithovit.
The witness again conceded that what Dr Stephen Opuni did, was only to communicate management of COCOBOD’s approval of the recommendation made by CRIG itself, which is the scientific division of COCOBOD, on lithovit in his capacity as the Chief Executive.
Mr Gyang, also confirmed in court that even before COCOBOD’s letter, dated 21st January 2014 stating management’s approval got to CRIG, the then Executive Director of CRIG and first prosecution witness, Dr Francis Manu Amoah had already issued a certificate for lithovit foliar fertiliser in contravention of laid down procedure at CRIG.
The lead EOCO investigator, who is now a Senior Staff Officer at the Operations Directorate at EOCO, Mr Agyei Gyang was giving his testimony under cross-examination at the High Court on Monday, February 4, 2024.
Dr Amoah in 2018, tendered in evidence as Exhibit C, a copy of the letter dated January 21, 2014 signed on behalf of COCOBOD by the chief executive to Agricult Ghana Limited, suppliers of lithovit, informing them that management of COCOBOD, has approved the recommendation from CRIG on the product.
Dr Amoah, however, failed to tender CRIG’s copy of the same letter which had minutes on it, only for it to be tendered in evidence by counsel for Dr Opuni in February 2024 through Dr Richard Adu Acheampong, the current Deputy Executive Director of CRIG who was one of the people who minuted on the document now marked as Exhibit 131.
“Can you confirm that in this letter 1st accused on behalf of the management of COCOBOD only approved a recommendation by CRIG, the Scientific Division of COCOBOD? Is that not so?” Samuel Codjoe, counsel for Dr Opuni asked the witness.
The EOCO investigator answered, “It is stated in the letter that they wish to inform you that management has approved the recommendation.”
“So that from this letter it is obvious to the entire world that the 1st accused on his own did not make an independent recommendation but approved the recommendation made by CRIG on lithovit,” he was further asked, to which he replied, “it is so”.
COCOBOD in that letter, he recalled, informed Agricult that they may contact CRIG for any other information or assistance.
“In this letter, the 1st accused never instructed CRIG to issue any certificate for lithovit in January 2014,” the witness was told.
“Yes, this letter does not state so,” Mr Paul Agyei Gyang told the court.
It was at this stage that the EOCO investigator confirmed to the court that Dr F.M. Amoah, issued the first certificate for lithovit on 22nd January 2014, which is Exhibit D, when he had not received any letter from COCOBOD to do so.
“On the document (Exhibit 131), can you confirm when CRIG received this letter written by COCOBOD and signed by 1st accused to 3rd accused and copied to the Executive Director of CRIG on the face of the document,” counsel asked the witness.
“On the face of the document it was written on 21st January 2014 and received at CRIG on 29th January 2014,” Mr Gyang told the court.
The witness was further asked, “Can you confirm that the certificate that is Exhibit D was signed by PW1, Franklin Amoah on the 22nd of January 2014 that is before the receipt of this letter (Exhibit 131) at CRIG.”
This was his response: “Yes my Lord, the certificate was signed on 22nd January 2014 whereas the letter authorising the certificate was received on 29th January 2014.”
“So it is true that before CRIG received this COCOBOD letter, Exhibit 131, PW1, Franklin Amoah had signed Exhibit D on the 22nd January 2014 that is the next day,” Samuel Codjoe probed, and according to Mr. Gyang, “That is so”.
“Can you confirm that when this letter was received by CRIG on 29th January 2014 PW1, Franklin Amoah the then Executive Director first minuted this letter to the chairman of the CTCM Mr. Akrofi on the 29th January 2014,” Mr. Gyang was asked, and he answered, “Yes my Lord, it is so.”
He was also asked, “So that as at the time the CTCM which according to both PW3, Dr Adu Ampomah and PW1, Dr Franklin Amoah is the body to recommend the issuance of a certificate for fertilizer and in this case lithovit, Dr. Franklin Amoah that is PW1 had already signed and issued the certificate Exhibit D.”
“Yes, it is so,” he replied.
Interestingly, Dr Adu Acheampong, who was then the head of the CTCM advised Dr Amoah not to sign the certificate for lithovit until the company formally applied for it, but that was belated because the latter had signed the certificate even before asking the committee headed by the former to consider it.
Meanwhile, the prosecution has propagated claims that the first accused person influenced the issuing of a certificate for lithovit foliar fertilizer.
However, the allegations have been rebuffed by senior management members at CRIG. Dr. Opuni has also vehemently denied the claims that he compromised the work of the scientists during his interrogation at EOCO.
The Head of Soil Science Division of CRIG, Mr A.A. Afrifa, for instance, told EOCO in his statement which is in evidence in court that he was not “convinced, forced or lured” by anyone to approve lithovit for use on matured cocoa trees.
The scientist who led the testing of lithovit and described it as a “special” fertilizer further maintained in his statement to EOCO on 5th April 2017 that CRIG did not have a “fixed duration for testing fertilisers” contrary to claims by the third prosecution witness, Dr Yaw Adu-Ampomah, that the minimum testing period is three years.
Mr Gyang also recalled the statement of Mr Afrifa portraying lithovit fertiliser as an aeroplane compared with a car as a means of travelling.
“Lithovit was an aeroplane compared with the other fertilisers which he likened to a car,” the EOCO lead investigator confirmed.
“And in fact, he concluded his statement stating that ‘I still stand on the fact that lithovit foliar fertilizer is good for cocoa production’”, Samuel Codjoe asked Mr Gyang, and the response was, “he said so my lord”.
The former COCOBOD Chief Executive, Dr Stephen Opuni and businessman Seidu Agongo, as well as Agricult Ghana Limited, have been charged with defrauding by false pretence, 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 three have pleaded not guilty to the charges and are on a GH¢300,000.00 self-recognizance bail each.
