The Attorney-General’s (A-G) office has challenged the evidence by 10th Defence Witnesses (DW10) of Dr Stephen Kwabena Opuni on the efficacy of the controversial Lithovit fertiliser as a mere hearsay.
The A-G, represented by Principal State Attorney (PSA), Stella Ohene Appiah, stated that Samuel Amponsah (DW10) and a former Cocoa Health and Extension Division (CHED) Regional Manager for North-West’s evidence lacked proof.
Madam Stella argued that the Witness of Dr Opuni, a former Chief Executive (CE) of Ghana Cocoa Board (COCOBOD), did not independently see how lithovit fertiliser improved cocoa trees performances.
According to her, Mr. Amponsah’s evidence about the efficacy of lithovit fertiliser was something that he heard and not that he saw for himself.
DW10 responded in the affirmative, but indicated in his evidence-in-chief that farmers in the Western-North requested to be supplied with lithovit fertiliser, as some of them knew about the agro-chemical from the Bong Ahafo region, because they also have farms there.
He explained that those farmers were not supplied with lithovit because the region had already been given sidalco and leavelet A.
The subpoenaed Witness indicated to Justice AboakyeTandoh, a presiding High Court judge, on Thursday, that the farmers told him that lithocit was a good fertiliser because they have used it in the Brong Ahafo region.
Mr. Amponsah is one of the many subpoenaed Witnesses by the court at the instance of Dr. Opuni who is facing criminal charges for purchasing lithovit from SeiduAgongo and his company, Agricult Ghana limited.
The fertilizer deal is alleged to have caused the country financial loss of over GH¢217 million.
Examination
Q: Before retirement where were you working?
A: My lord, I have worked in so many places. At first I was with Quality Control.
Q: Where do you reside?
A: My lord I reside in Akyem Manso in the Eastern region.
Q: Where do you work?
A: My lord, I am on retirement.
Q: What is your name?
A: My name is Samuel Amponsah.
Q: In which university did you obtain your BSc in Agriculture?
A: My lord, Kwame Nkrumah University of Science and Technology
Q: Which year did you obtain your first degree?
A: My lord 1989.
Q: So when did you start work with Cocobod?
A: My lord 1991.
Q: What is your educational qualification?
A: My lord, I hold Bsc in Agriculture.
Q: What was your initial position at Cocobod in 1991?
A: My lord I was a district Quality Control officer.
Q: You earlier told this court that you worked at so many divisions at Cocobod. Can you tell us the divisions and the years?
A: I was promoted to the regional Quality Control manager and sent to Koforidua in 2021, and then I was sent to Kumasi regional office in the year 2004. Then I was transferred to CHED as deputy regional manager, then I was sent to Western-North region as the acting regional manager in 2013 and in 2014, I was confirmed as regional manager and early 2016, I was promoted regional director.
Q: What did your field of work entail?
A: My lord, it entailed going to farmers farms, tree cutting of cocoa swollen shoot virus disease control, monitoring of staff in the field and any other duty that may occur.
Q: As regional manager, what were your job descriptions?
A: My lord, my duties were administrative work, field work, organisation of rallies, meeting farmers and supervision of the staff.
Q: You said you were the acting regional manager in Western North, which year?
A: From 2013 to 2018.
Q: In your position as a former staff of Cocobod, can you tell us some folia fertilisers which were used in Cocobod?
A: My lord, we were having sidalco fertiliser, leavelet A and then lithovit fertiliser.
Q: You mentioned farmers’ rallies as one of your functions as the Western North regional manager. Are the functions the same as meeting farmers?
A: My lord, there are slight differences, in the sense that rallies are meant for large number of people and the meetings are in small groups.
Q: You mentioned granular and folia fertilisers. Can you tell us what type of fertilisers are granular and the types which are folia?
A: My lord, the granular are solid like pebble size and others like sugar and folia is in a liquid form.
Q: What did the aspect of meeting with farmers entail?
A: It entailed the right to transplant cocoa seedlings, good farming practices and also teach them how to apply fertilisers both granular and folia, and the good time or season to do all these things.
Q: It wasn’t sent to your region during that time and presumably you were the regional manager for Western North region from 2013 to 2018, then how did you know about lithovit?
A: My lord, as the regional manager we had a meeting at the head office and any new fertiliser is shown to us before it gets to the region.
Q: Sir, can you tell this court where you have a farmer who has a farm in another region?
A: My lord, most of the farmers in Western North are settler farmers from Brong Ahafo and so it is an usual thing, so they have farms in both regions
Q: It is your evidence that some of the farmers in your region, the Western-North region also had farms in the Brong Ahafo region?
A: Yes my lord.
Q: Is that the only way you got to know about lithovit?
A: My lord, my going rounds and visits to farmers, especially those from Brong Ahafo but have farms in Western North always talked about it.
Q: Now, you mentioned three folia fertilisers namely; sidalco, leavelet A and lithovit. Can you tell this court how you came to know these three folia fertilisers?
A: My lord, some of the folia fertilisers sent to my region were sidalco and leavelet A, but lithovit was not sent to my region during that time.
Q: You also mentioned in your evidence today that you also got to know of lithovit at your head office when you met as regional managers. Can you tell the court what your colleague regional managers said?
A: My lord, when they were introducing the product, they called us to educate us and at that time lithovit had not gone to the farms, so could not talk much.
Q: So when the farmers asked why you didn’t give them some of lithovit to use on their farms, did you do anything with respect to their querries?
A: My lord, I didn’t do anything because it was at the tail end of the season and we were having a stockpile of sidalco and leavelet A, so it will be a waste to request for more fertilisers
Q: What did these farmers who have farms in Brong Ahafo and the Western region say about lithovit?
A: My lord, they said it was a good fertiliser for them when they use it in the Brong Ahafo and we didn’t give them some (in Western-North).
Q: What fertiliser did you give to the farmers in Western North?
Ans: My lord, we were supplied with leavelet A and Sidalco.
Codjoe: My lord that will be all.
Q: Sir, you said you were promoted to senior manager, were you still at Western North?
A: Yes my lord.
Q: Did you do anything about the information?
A: My lord, because some didn’t come to my region, I didn’t do anything because we do verification on our farms when they use them.
Cross examination by lawyer Benson Nutsupui
Q: Will I be right to say any fertiliser that enhanced flowering and pot formation is a good fertiliser.
A: That is correct my lord.
Q: Sir, it is also true that those farmers who mentioned lithovit to you talked about its efficiency?
A: What they told me is that it is good because it enhanced flowering and good in pot formation.
Q: And it was at the farmers rally in Western North that the farmers mentioned lithovit to you?
A: Yes, some of the farmers from Brong Ahafo mentioned it to me.
Q: So any fertiliser that performs these two functions are good?
A: Yes my lord.
Q: When you were the regional manager for Western North, did fertilisers come up for discussions?
A: Yes my lord.
Q: Sir, so these farmers from Brong Ahafo were impliedly requesting for lithovit for Western North?
A: Yes my lord.
Q: Sir, the regional managers meeting you came to the head office and will sometimes discuss the fertilisers. Is that correct?
A: Yes my lord.
Q: Whilst you were interacting with farmers in Western North, did any of the farmers from Brong Ahafo make any complaint?
A: No my lord.
Q: And there was no complaint about lithovit during your regional managers meetings at the head office?
A: Yes my lord.
Q: You were the regional head in 2015.
A: Yes my lord.
Q: While you were the regional head in 2015, did the folia fertilisers come up for discussion at the head office?
A: At times.
Q: Did you personally discuss with any regional manager whose region lithovit was used?
A: I don’t recall.
Q: Will I be right to say if there was any complaint from any region on lithovit, you would have heard it?
A: Yes my lord.
Q: Before becoming the regional manager, were you giving any position at Cocobod?
A: I was first posted to Koforidua as deputy regional manager before I was sent to Western North as acting regional manager of CHED and subsequently the regional manager.
Q: And CHED will take any issue from farmers seriously at the head office?
A: Yes my lord.
Q: So as regional manager you conveyed to head office the concerns of farmers?
A: Yes my lord.
Codjoe: My lord, that will be all for the witness.
Cross examination by prosecution
Q: Can you tell us in which year the farmers from Brong Ahafo, who were also farmers, spoke to you about lithovit?
A: My lord, I cannot recall the month but it was in 2015.
Q: So you cannot confirm the efficiency farmers from Brong Ahafo spoke about litohvit?
A: Yes my lord.
Q: So you did not independently see the flowering and pot formation function of lithovit?
A: Yes my lord.
Q: So as you sit here as former regional manager, you have not got any evidence or personal knowledge that lithovit was efficient.
Codjoe: My lord, I oppose this question because the witness has already explained to the court about farmers from Brong Ahafo.
Prosecution: My lord, per section 60, I am mandated to ask this question.
Court: Yes, the question is disallowed. You can reframe the question.
Prosecution: My lord that will be all for the Witness
