The Attorney-General’s office has challenged the decision by the Economic and Organised Crime Office (EOCO) Investigator to accept a sample of lithovit fertiliser, which seal was broken for testing.
According to the office, EOCO, as an organised crime office could not guarantee what had happened to the sample, which seal had been broken.
Moreover, the lithovit sample was picked at the entrance of COCOBOD warehouse from two security personnel by the EOCO Investigator, the Supplier, SeiduAgongo and his lawyer.
The purpose for picking the sample was for second testing of lithovit fertiliser to be conducted by the Ghana Standard Authority (GSA), following a previous test of the product being objected to by the supplier.
Leading the prosecuting team, Chief State Attorney (CSA), Evelyn Keelson, told the Accra High Court presided over by Justice AboagyeTandoh that the sample, which the test reports were objected to by the Supplier was submitted by COCOBOD (Ghana Cocoa Board), through its Deputy Chief Executive (CE) for Agronomy and Qualify Control (A&QC), Dr. Yaw AduAmpomah.
The previous test reports by GSA and the Chemistry Department of University of Ghana stated that lithovit lacks the qualities of a fertiliser while the second test by the same GSA said otherwise.
Mrs. Keelson, while cross examining Paul Agyei Gyang, a senior officer at EOCO, said there is 5 percent (%) of urea labelled, but none of the reports stated that.
Furthermore, the request for GSA to establish whether lithovit could be used on mature cocoa was not answered and that portion of the report was captured nil
Additionally, she told the court yesterday that EOCO did not have the opportunity to investigate the specific issues of the procurement of Lithovit liquid fertilizer by COCOBOD in the years 2023/14, 2014/15 and 2015/16.
Mr.Gyang, in response, stated that the Operation Directorate, which he headed, took statements from the procurement unit of COCOBOD and even called for procurement documents on the years under review.
He also stated of some of the individuals invited from COCOBOD came and the directorate were still awaiting for others, when they had instructions to hand over the dockets to the police CID.
Paul Agyei Gyang, a subpoenaed witness of Seidu Agongo and Agricult Ghana Limited, told the court that the sample was left behind by a schedule officer of COCOBOD warehouse to be given to them.
Background
Seidu Agongo and Agricult Ghana Limited are charged with Dr Stephen Kwabena Opuni for supplying and purchasing lithovit, which was not fit for purpose, thereby causing GH¢271.3 million financial loss to the state.
Dr Opuni is the former Chief Executive of Ghana Cocoa Board (COCOBOD).
He, together with Agongo and Agricult, are facing 27 counts for allegedly engaging in illegalities.
Cross examination
Q. EOCO’s investigation was on fraudulent purchase of fertiliser either not being tested at all or adequately tested?
A. It’s so my lord.
Q. The complaint was that even though a powered lithovit fertiliser was submitted to CRIG for testing, a liquid substance known as lithovit liquid fertiliser was procured by COCOBOD?
A. They were investigating lithovit liquid fertiliser submitted to them by Dr Yaw AduAmpomah. They wanted the office to have same tested.
Q. Have a look at the exhibit, a statement given to the Office by Dr Yaw AduAmpomah. He told EOCO that it was observed that a liquid fertiliser called lithovit had not been subjected to adequate testing to qualify as a fertiliser to be used on Cocoa.
A. Yes my lord. He said the lithovit liquid fertiliser was not tested to be used on Cocoa.
Q.Look at the second page of the statement, from line 7. He told EOCO that Dr.Opuni said we should shorten the testing time so that more of the inputs would be available in the market at affordable prices to the farmers. To this, I said it was not the best and explained the consequences of such decision to him. Dr.Amoah told EOCO in his statement. Is it not so?
A. It is so.
Q. The same second page 9 from the bottom upwards. Dr.Amoah also told EOCO that since 2010, we have a committee in place that vets reports on chemicals, fertilizers, and machines tested before reaching the Executive Director for onward submission to COCOBOD. Have you seen the statement?
A. Yes.
Q. Though scientists used protocol to do the testing, this time Dr.Opuni turned the table and insisted that his directive should be followed.” Dr.Amoah told EOCO in his statement. Is it not so?
A. Yes my Lord.
Q. You told the court that you wrote a statement, which you handed over to the police together with the dockets. Do you still stand by that?
A. My Lord, it has been a long time by now, if I said back, I can only remember that I have a statement, but as to when it was given, I don’t know.
Q. I’m putting it to you that your statement was only given after the dockets have been handed over to the Attorney General, and after reviewing the dockets, it was realized that you have not given a statement?
A. My Lord, if that’s what records have it, so be it, because I don’t have…
Q. You told the court that EOCO received by a letter 12 litres of Lithovit liquid fertilizer from COCOBOD through Dr.AduAmpomah?
A. Yes my Lord.
Q. You told the court again that samples out of the litres of the liquid fertilizer supplied by COCOBOD were taken to the Ghana Standards Authority and the University of Ghana Chemistry Department for testing?
A. Yes my Lord.
Q. You further told the court that the result of the testing of those samples is contained in the first report EOCO received from the Ghana Standards Authority and another report received from the University of Ghana Chemistry Department?
A. Yes my Lord.
Q. You told the court that after EOCO received the report the second accused person complained that he was not involved in the selection of the samples for testing and so EOCO decided to conduct another test?
Benson: I don’t know if my learned is quoting, the witness said the second accused objected and did not know the source of the sample.
Q. You told the court in your evidence that there was another test, conducted by the Ghana Standards Authority on lithovit liquid fertilizer. Is that so?
A. It’s so my Lord.
Q. You told the court that for the second test, the liquid fertilizer was picked at the entrance of COCOBOD warehouse from two security personnel by your Investigator, the second accused person and his lawyer. Is that not so?
A. My Lord,if my memory serves me right, I told this honourable court that the accused person, together with the Investigator met at COCOBOD warehouse to meet a schedule officer, but when they got there the schedule officer had left a sample with some security men, which was identified per its label by the accused as his, but did not guarantee the content of what is in the container because the seal has been broken.
Q. Your investigator did not meet this supposed COCOBOD schedule officer at warehouse, is that not so?
A. It should be so my Lord.
Q. I’m putting it to you that the arrangement EOCO had with the second accused and his lawyer was for the COCOBOD officer to join them together with the investigator to select sample of the liquid from the warehouse?
A. It was supposed to be so my Lord.
Q. The arrangement certainly was not for the investigator to go with the second accused and his lawyer to pick a sample not from the warehouse of COCOBOD but from security personnel sitting in front of the warehouse?
A. My Lord, the investigator said, the schedule officer had given the sample to the security but that was not the arrangement.
Q. By the time they got there, the seal of the sample, which was supposed to be taken for testing had been broken, is that not the case?
A. It is so my Lord.
Q. Your investigator did not inform you of the circumstances surrounding this sample before it was taken to the Ghana Standards Authority for testing, you got to know it later?
A. My Lord I can’t exactly remember. But I think because it was an arrangement that has been made by the Executive Director of EOCO and the deputy Chief Executive of Agronomy and Qualify Control, when the exhibit was brought, I accompanied him, the investigator to the Executive Director for his further directive, before the testing was done.
Q. I’m putting it to you that EOCO as an organised crime office could not guarantee what had happened to the sample, which seal had been broken?
A. Yes my Lord hence the test.
Q. Now you got a report of this testing from the Ghana Standards Authority, which was tendered in evidence as Exhibit 133?
A. Yes
Q. EOCO’s request to Ghana Standards Authority for the test was not to find out whether the sample was a fertilizer or not. That was not the request?
A. My Lord, until I see the document…These and many other components required of what constitutes a fertilizer was sent in our request.
Q. So EOCO’s request was first of all to test and analyze the content of the bottle. Is that not so?
A. That is what I have told the court.
Q. And in addition to that the Ghana Standards Authority was supposed to do what is listed in a toi in exhibit 132?
A. That is so my Lord
Q. In addition to this, the Ghana Standards Authority was required to indicate whether the substance could be applied to cocoa plant and if so at what stage
A. Yes my Lord that is what we sent.
Q. Now have a look at Exhibit 133, apart from stating that the sample is a fertilizer, no other comments was given by the Ghana Standards Authority, is that not so?
A. Per the report it is so.
Q. In fact, the place where you have the remarks it is written nil, is that not so?
A. It is so my Lord.
Q. In the course of the investigation, you got to know that the liquid lithovit fertilizer had 5 percent urea, which was boldly written on the label, is that not so?
A. My Lord, with chemical elements, I must be frank with this court I have no idea.
Q. So you mean to tell this court that you don’t remember that the sample of Lithovit has 5% urea written on it?
A. I did not observe the bottle.
Q. Did you come across any of the certificates issued on the Lithovit liquid fertilizer?
A. My Lord, I told this court that I did not until I was showed the certificates earlier in this courtroom?
Q. Take a look at the report, Exhibit 133, the chemical composition stated on that report does not include urea is that not it?
A. No my Lord.
Q. Have a look at Exhibit H, page 106, that is the sample of the first report from the Ghana Standards Authority. The composition listed there includes urea is that not it?
A. Yes it is the third content.
Q. That report also provided remarks or recommendations, is that not so?
A. Yes my Lord it is so
Q. In the course of your investigations you took statements from a lot of personnel from CRIG and COCOBOD, is that not so?
A. It is so, my Lord.
Q. I’m putting it to you that EOCO did not get the opportunity to investigate a number of things these officers stated in their statements because the investigation was taken away from you?
A. Yes my Lord.
Q. Now I’m putting it to you that statements taken from the officers from the procurement unit of COCOBOD to EOCO were on the general procedure on the procurement of agrochemicals at COCOBOD?
A. Yes my Lord.
Q. I’m further putting it to you that EOCO did not have the opportunity to investigate the specific issues of the procurement of Lithovit liquid fertilizer by COCOBOD in the years 2023/14, 2014/15 and 2015/16?
A. My Lord, I remembered we had taken statements from the procurement unit and called for procurement documents on the years under review. Some came and we were still awaiting for others when we had instructions to hand over the dockets.
Q. So you did not get the opportunity to analyze these documents and investigate the issues contained in the documents?
A. It is so my Lord
CSA: my Lord, I have no further question for you.
Case adjourned to March 12
