Dr Richard Kwame Adu-Acheampong, a Deputy Executive Director in charge of cocoa and cola at the Cocoa Research Institute of Ghana (CRIG), has been called upon to testify in the trial of Dr Stephen Kwabena Opuni and two others.
Dr Adu-Acheampong was subpoenaed to testify as Dr Opuni’s, former Chief Executive of Ghana Cocoa Board (COCOBOD), 9th defence witness (DW9) in the ongoing trial.
DW9 was subpoenaed to respond to questions on correspondence between himself, Acting Chairman of the Committee for the Testing of Agrochemicals and Machines (CTCM), the Chairman, Mr. A.Y. Akrofi and the Executive Director of CRIG, Dr F.M. Amoah.
The correspondences were back and forth minutes from Dr F.M. Amoah to the Chairman of the CTCM, who at the time was going on leave and, therefore, minuted it to the Ag. Chairman Dr Adu-Acheampong.
DW9 told the Accra High Court, presided over by Justice Aboakye Tandoh, on Monday 5th February, 2024 that the correspondence was in respect of issuance of certificate for Lithovit, at a time the supplier, Agricult Ghana Limited had not applied or made a request for a certificate.
Dr F.M Amoah, prosecution first witness (PW1) was said to have signed the certificate even before referring the letter to the CTCM on January 2014, to take necessary action.
The court had earlier been told that the exhibit, which was tendered through DW9 was different from the one tendered by the prosecution.
This came to light during the testimony of DW8, Dr. Gilbert Anim Kwapong, a former Executive Director of CRIG. He told the court that Exhibit C did have minutes on it.
Opuni is being accused of buying adulterated fertiliser from businessman Seidu Agongo and his company Agricult Ghana limited. The purchase is alleged to have caused the country some GH¢271 million.
Evidence and cross-examination
Q. What is your name?
A. My name is Richard Kwame Adu-Acheampong.
Q. Where do you reside?
A. I live at New Tafo-Akyem in the Eastern region.
Q. What is your occupation?
A. I’m a Research Scientist.
Q. At where?
A. At the Cocoa Research Institute of Ghana (CRIG).
Q. Can you tell this court your educational qualifications?
A. I had my O Level at Kadjebi Secondary School in 1987. I had my A level at St. Peters Secondary School at Nkwatia. I had my Bsc in Agriculture from the University of Ghana. I did my Masters in Entomology also at the University of Ghana. Then I had my PhD in Biology from the Imperial College, London.
Q. When did you start working in CRIG?
A. I was employed in September 1997.
Q. As what?
A. Research Scientist and Entomologist.
Q. Have you worked in CRIG throughout your time, ie, since 1997?
A.Yes, my Lord.
Q. Can you tell this court the various positions you have held in CRIG?
A. My first promotion was Senior Research Scientist it was around 2011, my second promotion to principal research scientist was in 2016, and to deputy executive director in charge of cocoa and cola was in December 2020.
Q. In 2014, specifically in January, what was your position in CRIG?
A. I was a senior Research Scientist.
Q. Did you belong to any other committee?
A. Yes, my Lord.
Q. What are the names of the committees?
A. One of them was the committee for the testing of agrochemicals and machines (CTCM).
Q. What were the functions of CTCM?
A. The CTCM basically looks at reports from testing divisions.
Q. How do you look at the reports?
A. We basically look at the methodology and typographical errors in the report.
Q. In 2014, do you remember who was the head, that is Executive Director of CRIG?
A. My Lord, the Executive Director at the time was Dr. F.M. Amoah.
Q. Can you have a look at Exhibit C, letter dated 21st day of January, 2014. Have you seen this letter before?
A. Yes, my Lord.
Q. When was the first time you saw this letter?
A. The first time I saw it was the 30th of January, 2014.
Q. Under which circumstance did this letter come to your notice?
A. My Lord the chairman of the CTCM had minuted it to me.
Q. Who was the chairman of the CTCM at the time?
A. The chairman at the time was Mr. A.Y. Akrofi.
Q. You said he minuted it to you?
A. Yes my Lord.
Q. Why did he minute this letter to you?
A. The chairman was going on leave, so he minuted it to me, to provide the certificate on the chemical if the company applied and requested for the certificate
Q. Did you do anything?
A. My Lord, this was on 30th January, 2014, I checked but there was no such request or application for the certificate from the company, so I minuted it back to the chairman, my Lord on the same day.
Q. After you minuted it back to the chairman on that 30th day of January 2014, did anything happen?
A. My Lord, that is all I knew about the matter in question.
Q. You have a copy of the letter dated the 21st day of January 2014, which contains the minutes from the chairman and yourself isn’t it?
A. Yes my Lord.
Q. Where did you get a copy of this letter from?
A. From the files at CRIG.
Codjoe: We want to tender through him.
Prosecution: We have no objection.
Benson: My Lord, I have no objection.
Court: Admitted and marked Exhibit 131.
Q. Dr Adu-Acheampong, how many minutes are on the letter?
A. Five minutes, my Lord.
Q. Can you tell us by taking each minute at a time, and explain what each is?
A. The first minute is from the Executive Director to the chairman of the CTCM, it reads: referred for your information and necessary action, this was on the 29th of January 2014.
Q. Can you tell us what this means, as a member of the CTCM?
A. We are to take action on the letter.
Q. Tell us the second minute.
A. The second minute, which is minute numbered three, was addressed to me, and it reads: “please, provide certificate if requested for by Agricult Company Limited”. This was on the 30th of January, 2014. The letter got to me on the same day.
Q. After this letter got to you, did anything happen?
A. Yes my Lord, I checked if there was a request from the company for the certificate and there was no request. So I minuted the letter back to the chairman. My Lord, this is what I wrote: “an official request for a certificate on lithovit has not been received from Agricult company limited. Let’s wait until they have made a request to the executive director.”
I signed on the same day 30th of January, 2014. My Lord, this is the fourth numbered minute from me to the chairman of the CTCM. The next minute, which is minute numbered five was from the chairman to the executive director.
Q. What does minute five state?
A. Minute five states: “we are awaiting the formal request from Agricult Company limited to issue the certificate please. This was dated 31st of March, 2014.
My Lord, that would be all for the witness.
Cross examination by Benson Nutsukpui
Q. Sir, Exhibit 131 is the CRIG copy of exhibit C, is that correct?
A. Yes my Lord.
Q. And the CRIG copy, which is Exhibit 131, was received at CRIG on 29th of January 2014?
A. Yes my Lord.
Q. Indeed, CRIG stamped and dated when it was received at the top of the letter, is that correct?
A. Yes my Lord.
Q. Please look at the top right corner, there is 52 circled?
A. Yes my Lord.
Q. It is true that that 52 represent an exact position at a particular file?
A. It is a filing system at the administration.
Q. Sir, minute two was written by Dr. F.M. Amoah, is that correct?
A. Yes my Lord.
Q. That is dated 29th of January 2014, is that correct?
A. Yes my Lord.
Q. And from minute number 4, is what you signed?
A. Yes my Lord.
Q. And Mr. Akrofi’s response to you is to please provide certificate to Agricult if requested?
A. Yes my Lord.
Q. At this stage Mr. Akrofi did not raise any other issues on the letter that was minuted to you, is that also correct?
A. Yes my Lord.
Q. Indeed, the only issue you had as the acting chairman of the CTCM was that, there was no official request from the company?
A. Yes my Lord.
Q. Have you seen the minute at the right top corner, number two?
A. Yes that is another two.
Q. And it was minuted and signed by Dr. F. M Amoah?
A. Yes my Lord.
Q. What did that minute say?
A. My Lord it read: “minute five noted, no objection please.”
Q. Sir, what is the date of that minute?
A. What I have here is 2nd April, 2014.
Q. And from the minute what Dr. Amoah did not object to was that if the company request to the CTCM you will issue the certificate?
A. Yes my Lord.
Q. Nowhere in all the minutes did Dr. Amoah indicate to the CTCM that he had already issued the certificate?
A. Not by this letter.
Q. Do you know Mr. Seidu Agongo?
A. I have heard the name, and I think we met at the arbitration.
Q. Was that the first time you met at the arbitration?
A. Yes my Lord.
Q. It is true that all the time you were dealing with the processing or any form of transactions in respect of issuing of the certificate for lithovit, you never met Mr. Seidu Agongo?
A. No my Lord.
Q. Normally the CTCM would give out the formulation, which is to be embossed on the certificate that is correct?
A. My Lord, all that I know is that the CTCM will emboss the composition and trade name. This was the case in the past, now we have additional information we added.
Q. All I want to find out is that, it is the CTCM that will give the final okay, the certificate, to be issued to the Executive Director, is that correct?
A. That is correct.
Q. Look at Exhibit D, is it the certificate signed by Dr Amoah?
A. Yes my Lord.
Q. You, as the acting chairman, did not provide what was embossed on it?
A. Yes my Lord.
Cross examination by Prosecution, Evelyn Keelson
Q. Dr. Adu-Acheampong, on Exhibit 131, was Mr. Akrofi the chairman of the CTCM?
A. Yes my Lord.
Q. How did you become the acting chairman on Exhibit 131?
A. Mr. Akrofi was going on leave and I was the senior most person on the committee.
Q. Exhibit 131 and Exhibit C were both signed by the then Chief Executive, Dr. Stephen Opuni, is that not it?
A. Yes my Lord.
Q. Both letters were written on 21st January 2014?
A. Yes.
Q. Both letters were addressed to Agricult Ghana Ltd, is that not so?
A. That is so.
Q. Both letters communicated the management of COCOBOD’s approval to CRIG recommendations on the product. Is that not so?
A. Yes my Lord.
Q. There is nothing in all the minutes that you read to the court on Exhibit 131, disputing the report from CRIG to COCOBOD?
A. My Lord, I did not write that report so I wouldn’t know.
Q. The minutes you read and explained to the court, I’m putting it to you that there is nothing in those minutes challenging the report on Lithovit from CRIG to COCOBOD, is that not so
A. My Lord these minutes are in relation to the issuance of certificate
Q. Look at Exhibit D, you told the court under cross examination that you don’t know anything about exhibit D, is that not so?
A. That is so.
Case adjourned to Thursday 8th February 2024 at 10:30am.
