Samuel Codjoe, Counsel for Dr Stephen Kwabena Opuni, a former Chief Executive of Ghana Cocoa Board (COCOBOD) and first accused (A1) in the GH¢217 million cocoa fertiliser trial, has told an Accra High court that a lady was stripped naked by Economic and Organised Crime Office (EOCO) in course of their investigations into a case she was involved in.
According to Codjoe, the lady who was being interrogated was stripped naked on the orders of the former Executive Director of EOCO, ACP K.K. Amoah (rtd) and that the legal team of Dr Stephen Amoah even threatened to report him to his superiors for that awful conduct.
Mr Paul Agyei Gyang, a senior officer at EOCO and a subpoenaed witness, who was being cross examined by the defence Counsel, however, denied the claim.
He, however, admitted that the lady in question was interrogated by the investigators, but he, who was part of the investigation team, did not witness what Counsel was suggesting to him.
Do you recall that at one of the interrogations of A1 in the presence of yourself and another official in the meeting rooms at the ground floor at EOCO, do you remember?, Samuel Codjoe asked the witness and he (Witness) responded – My lord, there were a series of meetings that went on.
Q. And do you remember that at one of the meetings, K.K. Amoah was asked as to why a lady by name…was stripped naked, leaving only the brassiereand the pant on. Do you remember?
A. My lord I don’t remember any lady being stripped naked during interrogation
Q. But although it has been sometime, so you remember there was this confrontation between ACP K.K. Amoah(rtd) legal team and lawyers of Dr. Opuni on this act, having taken place on the orders of K.K. Amoah?
A. My Lord, I remember very well that the lady you made mention of was mentioned during our investigation and had to be picked up for interrogation. During the interrogation period, whatever happened I can’t be specific, but I remember that lady was picked up for interrogation, he answered.
It also emerged that apart from Dr Yaw Adu Ampomah, a former Deputy Chief Executive of Agronomy and Qualify Control (A&QC) and one farmer, no other person interviewed by the EOCO gave a negative report about lithovit.
Dr Adu Ampomah is the Complainant and currently a member of the National Development Planning Commission (NDPC).
Mr PaulAgyeiGyang, a senior officer at EOCO and a subpoenaed witness, disclosed this to the Lands Division of the Accra High Court, presided over by Justice AboagyeTandoh.
His testimony was in response to a question posed by Mr Codjoe that analysis of statements given by individuals invited by EOCO did not prove lithovit lacks efficiency and was a bad fertiliser.
The Counsel further stated that the farmer who gave a contrary report on lithovit is one Nana ObengAkrofi, and he even said lithovit only increased his yields from 50 to 52 bags of cocoa beans.
Mr Codjoe said one of the Scientists at the Cocoa Research Institute of Ghana (CRIG), DrBaah, in his statement affirmed that lithovit as a liquid fertiliser that induced flowering on cocoa trees, which could result in high yields and the same was agreed by the witness.
Furthermore, Bernice Ashun, COCOBOD Procurement Manager, indicated in her statement to EOCO that Dr Opuni does not write as alleged, but signed letters prepared by her department to the Public Procurement Authority (PPA) to sole source fertiliser and agrochemicals.
Dr. Opuni is facing 27 counts of defrauding by false pretence, wilfully causing financial loss to the republic, money laundering and corruption by public officer in contravention of the Public Procurement Act.
Others joined to the suit are businessman, SeiduAgongo (A1) and Agricult Ghana Limited (A3) for the supply of lithovit for use on cocoa.
Continuation of cross-examination by A1’s counsel
Q. During the search in A1’S house, he was questioned where the swimming pool was?
A. I cannot remember.
Q. Do you remember that there was a doubt in the minds of EOCO officials as to whether that was his house?
A. I remember the team searched A1’s house, but ….
Q. When they got to his house, one of the members of the team asked where the swimming pool was and he said it to the hearing of all members?
A. I personally did not hear
Q. Do you recall during the investigation when A1 was being investigated the swimming pool in his house came up?
A. It has been sometime.
Do you recall that at one of the interrogations of A1 in the presence of yourself and another official in the meeting rooms at the ground floor at EOCO, do you remember?
A. My lord, there were series of meetings that went on.
Q. And do you remember that at one of the meetings, K.K. Amoah was asked as to why a lady by name…was stripped naked, leaving only the brassiere and the pant on. Do you remember?
A. My lord I don’t remember any lady being stripped naked during interrogation
Q. But although it has been sometime, so you remember there was this confrontation between ACP K.K. Amoah(rtd), Legal team and lawyers of Dr. Opuni on this act, having taken place on the ordersof K.K. Amoah?
A. My Lord, I remember very well that the lady you made mention of was mentioned during our investigation, and had to be picked up for interrogation. During the interrogation period, whatever happened I can’t be specific, but I remember that lady was picked up for interrogation.
Q. Do you remember that K.K. Amoah was confronted by the legal team of Dr Opuni and he was informed that he was going to be reported to his superiors for this unethical act at one of the interrogations of Dr Opuni
A. My Lord, I doubt I was present at that time.
Q. Do you also remember in the course of your investigation that DW1, Dr Franklin Manu Amoah, on the 26th day of April, 2017 gave a statement to EOCO?
A. My Lord the name sounds familiar.
Q. If you also remember that the said Franklin Amoah, who was the Executive Director of CRIG, was being investigated or gave investigative statement with respect to a charge to causing loss to state property, contrary to session SMC 142?
A. Yes my Lord.
Q. I believe one of your investigation teams took this statement, which was tendered as Exhibit 3, in the course of the investigation?
A. Yes my Lord.
Q. Can you also confirm that in his statement, and specifically page 2, he was explicit that there existed since 2010, a committee that is the CTCM was in place for testing of chemicals and fertilizers?
A. Yes my Lord
Q. On the next page, he, also in his statement stated that Dr.Baah affirmed that Lithovit as a liquid fertilizer induced flowering on cocoa trees which could result in high yields?
A. Yes, my Lord that is captured in his statement
Q. That, in PW1 (F. M. Amoah) investigation statement he never made any allegation that Lithovit was not a good fertilizer before EOCO?
A. Yes my Lord
Q. In the course of your investigation, you were definitely shown the letter signed by the first accused dated the 21st day of January, 2014 to the third accused and also copied to the Executive Director of CRIG on the submission of final report on Lithovit foliar for use on mature cocoa?
A. We had a lot of workload
Q. Most of the documentations on COCOBOD investigations were given to EOCO by the Complainant, Dr. Adu Ampomah?
A. Yes my Lord.
Q. In fact, he didn’t give you Exhibit 131, which is the CRIG copy of the letter I have just referred to and which had minutes from CRIG?
A. I don’t think I saw this copy.
Q. Now EOCO also invited one Bernice Ashun,who was the Procurement Manager during the period when lithovit was purchased by COCOBOD, and specifically during the 2014 to 2016 period?
A. Yes my Lord I do remember.
Q. And the said Bernice Ashun also gave a statement to EOCO and her statement concerned procurement in COCOBOD, is that not so?
A. It is true my Lord.
Q. In her statement, she was explicit that all procurement letters to the PPA, though signed by first accused as the Chief Executive of COCOBOD, he wasn’t the person who wrote these letters to the PPA
A. My Lord can I see the statement.
Q. Show him exhibit 60, if you look at the second page.
A. Yes my Lord.
Q. And in her statement she was clear that all these letters for sole source of fertilizers are written by the procurement unit to the PPA and not the Chief Executive?
A. My Lord, exactly so.
Q. And in her statement, she also makes it clear that when the PPA approves of these sole source contracts to COCOBOD, the Chief Executive forwards the approval to the procurement unit, who would then write letters for the notification of award of contract for the signature of the Chief Executive?
A. My Lord it is captured here
Q. In her statement, she further states that after the letters are sent and after performance bonds are received from these companies who were awarded the contracts, these performance bounds are sent to the legal department for vetting?
A. Yes my Lord.
Q. In her statement, she also informed EOCO that after they are passed by the legal department, the legal department would forward them to the procurement department for them to prepare the procurement documents?
A. Yes my Lord you are right.
Q. In her statement, she also states that after the contract documents are prepared by the procurement unit, they are sent to the Chief Executive for his signature?
A. Yes my Lord it is so.
Q. In fact on page two of Exhibit 60, she was very clear that on the purchase of fertilizers and chemicals, it is management, which receives the quotation?
A. Yes my Lord, it is here
Q. She also stated that, on the third page, all these procurements go to the entity tender committee of which she said she was the secretary?
A. Yes my Lord, it is captured
Q. As you can see from her statement, and she gave a witness statement, first accused from her statement had no role in the determination of the fertilizers including lithovit which was purchased
A. My Lord I think it is clear here that it is a value chain everybody had a role to play here
Q. You also took statements from chairman of the board of COCOBOD, Daniel OheneAgyekum, who was chairman during the time lithovit was purchased from 2014 to 2016. Please show him Exhibit 63.
A. Yes we did.
Q. In his statement, he is explicit that the board approved of all sole source contracts of these fertilizers?
A. Yes you are right.
Q. From line 12 from the bottom his statement was clear that all the necessary rules and procedures for the procurement of chemicals and fertilizers were strictly adhered to
A. Yes my Lord, he said so
Q. And he also in his statement informed EOCO that the ETC of COCOBOD gave approval before the award of the contracts
A. Ye my Lord, he said so
Q. In your investigations, you invited another CRIG scientist by name Dr. Alfred Arthur who was part of the team of scientists who worked on lithovit at CRIG. Show him Exhibit 7. Do you remember?
A. Yes my Lord I do.
Q. And in his statement, he stated that he conducted the test on Lithovit and that the result of the trial at the end of the nursery seedlings stage was very good
A. Yes my Lord it is captured in his statement
Q. And he added that, the fertilizer i.e lithovit, from the result obtained was good at the nursery stage when he conducted the test?
A. Yes my Lord
Q. Then on page two of his statement, he added that the draft of the work done was handed over to the Head of the Division as it is the usual function?
A. Yes my Lord it is true
Q. And on line 8 of page two, he added that the lead author, that is A. A. Afrifa who was then the head of the division, might have done additional tests or might have had other knowledge unknown to him, which he would have included in the final report on the testing of Lithovit?
A. My Lord, you are right, but I did not see A.A. Afrifa, but I saw the head of the division.
Q. But Mr Gyang, having been the head of the COCOBOD investigations, you were aware that A.A. Afrifa was the head of Soil Science Division of CRIG?
A. Yes my Lord you are right, but in the statement his name was not captured.
Q. In fact in your investigations, you also invited A.A Afrifa to EOCO?
A. Yes my Lord we did.
Q. From the 11th line from the bottom, Dr. Alfred Arthur informed EOCO that “Lithovit was a good one in terms of its efficacy to improve plants” isn’t it?
A. My Lord, he said so in his statement.
Q. He also added that although he hasn’t got data in terms of yield for lithovit, but he agrees that certain foliar fertilizers improve yields?
A. Yes he said so
Q. In fact during the entire investigations carried on by EOCO with respect to lithovit as a good fertiliser, you didn’t come across any evidence by any of the persons you invited after you have analysed the various statement that Lithovit was a bad fertilise
A. My Lord, apart from the complainant who made the allegations and I think one farmer all the other persons who we interviewed did not have any negative report on Lithovit. That is what I can remember from my memory?
Q. Nana ObengAkrofi is the farmer who gave statement to EOCO that his yields increase by two bags from 50 to 52, do you remember
A. I can’t remember
