After nearly eight years of courtroom battles, Dr. Stephen Kwabena Opuni, the former Chief Executive of Ghana Cocoa Board (COCOBOD), Seidu Agongo and Agricult Ghana Limited have been acquitted and discharged, following the state’s decision to discontinue the case against them.
The Attorney General’s Office, represented by State Attorney Enam Loh Mensah, announced the withdrawal of charges before Justice Aboagye Tandoh of the High Court.
“My Lord, respectfully, I have been instructed that the charges against the Accused Persons have been withdrawn,” the prosecutor stated in court.
The withdrawal marks the first significant legal action taken by the newly sworn-in Attorney General, Dr. Dominic Ayine, under the government of President John Dramani Mahama.
Background of the Case
Dr. Opuni and his co-accused were facing 27 charges, including abetment, conspiracy to commit a crime, wilfully causing financial loss to the state and violations of the Public Procurement Act.
The case, which commenced under the Akufo-Addo administration, saw seven prosecution witnesses testify, including the star witness Dr. Yaw Adu Ampomah, a former Deputy Chief Executive of Agronomy and Quality Control at COCOBOD.
However, the trial faced numerous legal delays. Justice Clemence Jackson Honyenuga, initially presiding over the case and was accused of bias multiple times.
After his retirement, Justice Kwasi Anokye Gyimah took over and ruled for a de novo trial, a decision later overturned by the Court of Appeal.
The case eventually landed on the desk of Justice Aboagye Tandoh.
Defence Testimonies
Dr. Opuni’s defence included 11 witnesses, all of whom contested the allegations and highlighted procedural and technical errors in the prosecution’s case.
These witnesses included former COCOBOD officials, farmers and experts who vouched for the efficacy of Lithovit fertilizer, the product at the center of the controversy.
One notable defence witness, Mr. Charles Tetteh Dodoo, a former Director of Finance at COCOBOD, testified that the procurement and payments for Lithovit followed due process. Farmers, including a National Best Farmer, attested to the fertilizer’s effectiveness, contradicting claims by the prosecution that the product was adulterated.
Dr. Gilbert Anim Kwapong, a former Executive Director of the Cocoa Research Institute of Ghana (CRIG), confirmed the fertilizer’s efficacy and proper certification processes.
Another witness, Dr. Richard Adu Acheampong, revealed irregularities in the prosecution’s evidence, including a certificate signed without the necessary authorisations.
State’s Case Collapses
The prosecution had argued that Lithovit fertilizer was of poor quality and caused financial loss to the state.
However, the defence successfully demonstrated inconsistencies in the prosecution’s claims, with evidence showing that Lithovit was effective and in high demand among farmers.
In his ruling, Justice Aboagye Tandoh commended Dr. Opuni and his co-accused for their composure and respect for the judicial process. He praised Dr. Opuni for demonstrating a strong belief in the rule of law throughout the trial.
The discontinuation of the case brings an end to one of Ghana’s longest-running legal battles, which has been fraught with legal twists, public debate, and controversies surrounding the efficacy of Lithovit fertilizer.
For Dr. Opuni, Seidu Agongo, and Agricult Ghana Limited, this decision signifies a significant victory and a moment to rebuild their reputations after years of legal battles.
