The 2017 National Best Farmer, Philip Kwaku Agyemang, also known as Baffour Kwaku Agyemang, says he cannot discount the favours given him by the former Chief Executive (CE) of Ghana Cocoa Board (COCOBOD), Joseph Boahen Aidoo, to testify in favour of any of the parties in the ongoing cocoa trial.
He said it was through Mr. Aidoo’s efforts that he got the opportunity to attend the Cocoa Vision Conference in Switzerland, as well as benefitting from an irrigation system powered by solar on his farms.
According to him, if his testimony about Lithovit Liquid Fertiliser, which efficiency had come under heavy contestation, was to favour any of the three accused persons standing trial, he would not have been the sixth defence witness (DW6) in the GH¢2.1 billion financial loss to state case.
The three accused persons are Dr. Stephen Kwabena Opuni, former CE of COCOBOD, businessman Seidu Agongo and his company, Agricult Ghana Limited (suppliers of the Lithovit Liquid Fertiliser).
He said this while under cross-examination by Nutifafa Nutsukpi, defence Counsel for Seidu Agongo and his company at an Accra High Court, presided over by a Justice of the Supreme Court, Clemence Honyenuga, yesterday.
As a philanthropist in Nkrakwanta, employer and breadwinner, the National Best Farmer stated that cocoa farming was his major source of income, although he cultivates other crops and reared animals, therefore, did not want to meddle himself with any court issue.
The response of the witness to a question posed by Mr. Nutsukpi that he (DW6) confirms that he was not testifying in favour of anybody.
His direct answer to the question was: “If that was so, I would not have come to this court. When I was told that I had been subpoenaed before the court; I told the lawyer that I do not want to be involved in any court matters.
My lord, if not for the fact that I benefited from using the Lithovit Fertiliser, I would not have been here, because no promise of help can be compared to what Hon Joseph Boahen Aidoo has done for me. Also, if the Lithovit Liquid Fertiliser has not been of benefit to me, I am a Christian and I have sworn with the Bible, and I know the repercussions it will bring me when I don’t speak the truth.”
Mr. Agyemang, who also was the 2nd Runner-up in 2011 as National Best Farmer and Best Farmer for the Dormaa District in 1994 in the Brong Ahafo Region, said Lithovit Liquid Fertiliser increased his yield from 2,086 kilogrammes in 2012/2013 to 6,625kg in December 2014, and 6,187kg in January 2015.
The witness pointed out that the bumper harvest he experienced was a result of two boxes which contained 24 bottles or litres of Lithovit Liquid Fertiliser, which he used over a period of two years.
DW6 added that in the entire 2015, he had higher yields than in 2014, because the agrochemical was supplied to him through a farmer group in July 2014.
It was his testimony that he could not speak so much on 2016, because the instructions from the Cocoa Health and Extension Division (CHED) officers were that the liquid fertiliser should be applied five to six times on the cocoa trees a year, but he only did the application four times in 2016, since he ran out of stock.
The witness, who has over 130 acres of cocoa farms as of 2017, and 147 acres in 2022, said he selected three farms out of the lot to apply the 22 litres of Lithovit Liquid Fertiliser on the cocoa trees from July 2014 to part of 2016, and the result was very impressive.
It was on this basis that he said he could not have told the court lies about Lithovit Liquid Fertiliser, although he failed to answer the Principal State Attorney (PSA), Stella Ohene Appiah, about the quantity of the agrochemical required for an acre of cocoa.
He, however, explained to the court that he could only tell the quantity or litres required for an acre of a cocoa farm when he made reference to his records book, adding that his concern was not about how many litres would cover an acre of land, but that the agrochemical was applied.
Mr. Nutsukpi and the PSA, Mrs. Ohene Appiah, took turns to cross-examine the witness after being led by Samuel Codjoe, Counsel for Dr. Opuni to give his evidence-in-chief.
The following are some questions and answers:
Evidence-in-chief led by Samuel Codjoe
Q. Mr. Agyemang, in Exhibit 122, which is your farmer’s passbook, you informed the court that the PBC gave it to you, but you also sold cocoa to Eli-hotouton, how did this come about?
A. My lord, Mr. Owusu Alexander works with the PBC and purchases cocoa for PBC, but they went into bankruptcy, so [he] stopped doing business with PBC and began dealing with Eli-hotouton. It was Owusu Alexander who used to help when I was dealing with PBC, and sometimes gives overdraft when I needed it. So, when he moved to Eli-hotouton I followed him. I request whether I will need a new passbook, and he said there was no need.
Q. What informed your choice of the three farms you applied Lithovit Liquid Fertiliser on?
A. The reason I choose the three farms was that I did not access the exact quantity of Lithovit Liquid Fertiliser that I required, and, again, the fertiliser was to be applied five to six times a year and I have several farms. These were the reasons I selected the three farms and applied the Lithovit Liquid Fertiliser on.
Q. When was the first time you applied the Lithovit Liquid Fertiliser?
A. It was in the year 2014.
Q. Can you tell us the month and the number of years you used Lithovit Liquid Fertiliser?
A. It was in July 2014 and continued in 2015. With the little quality of fertiliser that was left, I applied it four times in 2016.
Q. In Exhibit 122, thus your Cocoa Passbook, what indicates that you used Lithovit Liquid Fertiliser?
A. If you take a look at this passbook, in the 2012/13 records and 2013/14, I recorded 2,086 kilogrammes of cocoa beans, and that was the highest I ever recorded. In December 2014, I recorded 6,625 kilogrammes of the cocoa bean. In January 2015, the record was 6,187 kilogrammes. Looking at the records and comparing the two years, 2014 and 2015, it is clear that the records for 2014 are lower because I did not start using the fertiliser earlier, and 2015 was higher because I applied the fertiliser
throughout the year.
Q. What was the size of the lands on which you applied the Lithovit Liquid Fertiliser in 2014, 2015 and 2016?
A. The first one, which is 25 acres, has some young plants so I didn’t apply the fertiliser to those young plants.
Q. So how many acres did you spray with Lithovit liquid fertilizer on this 25-acre farm?
A. I applied it on 12 acres, which have mature cocoa trees. The second farm is five acres, and the third farm is an acre.
Q. So you applied to these two additional farms?
A. I applied on all the portions of the five and the one acres.
Q. What is the scent of the Lithovit Liquid Fertiliser?
A. Upon opening the Lithovit Liquid Fertiliser it gives a burning sensation to the nostrils, and it also smells like urine.
Q: So what would you say to the evidence of PW3, Dr. Adu Ampomah, whose evidence in this court was that Lithovit is not efficient?
A. I don’t know PW3, Dr. Adu Ampomah, but what I know is that Lithovit Liquid Fertiliser is good. This is because I was not the only one who received the Lithovit, but other farmers too. Also, the CHED officers who visited my farms saw that the farms that I applied Lithovit Liquid Fertiliser on had better yields than the ones that I didn’t apply Lithovit.
Q. What would you say to the test conducted by the Chemistry Department of the University of Ghana, which also indicated that the Lithovit Liquid Fertiliser was not effective?
A. My Lord, the Chemistry Department of the University of Ghana might have conducted their own test, but I what know is when I used the Lithovit Liquid Fertiliser I gained lots of benefits, and that is what I’m testifying about. The directors of COCOBOD in the Bono Region are also witnessing the positive effect of Lithovit on my farms.
Furthermore, whoever has used Lithovit would also testify that they had more yields. I go through other people’s farms to my farms, and I realised that the cocoa trees were fruiting bountifully, so after I inquired from these farmers, they also mentioned the same fertiliser I was using. Again, because the fertiliser was very effective, we requested more, but it was not available. After using the Lithovit fertiliser, I kept an empty bottle at home with the intention to find some to buy from an agrochemicals shop for my farms later on, but there was none.
Samuel Codjoe: My lord that would be all.
Nutifafa Nutsukpui
Q. Sir, the Lithovit fertiliser that you used on your farms in respect of which you are testifying, who supplied them to you?
A. The CHED officers in my district. They always get the fertiliser supply from the COCOBOD.
Q. Sir, for the records, have you had any dealings with Seidu Agongo in respect of the Lithovit Liquid Fertiliser?
A. If it is not for this court, I have never heard his name before.
Q. Again, for the records, apart from noticing the name Agricult appeared on the bottle, have you had any personal dealings with Agricult Ghana Limited?
A. No.
Q. In which year did the Dormaahene confer the title Baffour Kwaku Agyemang on you?
A. In the year 2018.
Q. You told the honourable court that you have always been a farmer, but started farming on your own in 1990?
A. Yes.
Q. But you didn’t start cocoa farming in 2006?
A. Yes.
Q. Before 2006, you won an award in respect of your other farming activities in 1994. That is also correct?
A. Yes.
Q. You told this court that as part of the process of getting the awards, your record keeping of the activities on your farms forms an important part of the evaluation?
A. Yes.
Q. When you started cocoa farming did you keep a similar record?
A. Yes.
Q. What are some of the activities of your cocoa farms that you kept in this record?
A. Date of preparing the land, the date we plant the cocoa seedlings, the number of labourers who partake in the clearing of weeds off the land, pesticides used, and the amount of money involved.
Q. Do you also keep records of any inputs or agrochemicals used on these farms?
A. I keep records of the date I’m given agrochemical, the number, and the date I used them.
Q. You are reported to be a farmer who plants trees to serve as a windbreaker and fire protection on your cocoa farms. Is that accurate?
A. Yes and it also gives me more yields.
Q. Apart from farming have you ever been engaged in any work?
A. No.
Q. So it is fair to say that farming is your only source of income?
A. Yes.
Q. How many employees do you have, both casual and permanent, working on your cocoa farms?
A. I have 20 permanent workers and 10 causal workers.
Q. Are these the persons who work on your 147 acres of cocoa farms?
A. Yes.
Q. Naturally, these persons are paid from the proceeds of your cocoa farms?
A. Yes.
Q. Do you have persons you take care of financially apart from your employees?
A. I take care of eight people – some are now employed; some are learning a trade, and others are in school.
Q. Report says that you also look after needy but bright children in your community?
A. Yes. Before I was awarded, background checks of that sort were made on me without my knowledge.
Q. You are reported to have donated electricity poles to the Nkrakwanta community. Is that correct?
A. Yes, and there are many more.
Q. Again, you are reported to have assisted in constructing a dormitory for Nkrakwanta SHS?
A. Yes.
Q. All of these activities, whether taking care of your dependents or helping the development of your community, are all dependent on the resources you made from your farming activities. That is correct?
A. Yes.
Q. And your cocoa farms are a major part of your farming activities?
A. Yes.
Q. So sir, if you were ever to have to use an agrochemical which is not effective, you would not sit anywhere and sing the praises of that agrochemical?
A. That is not so. Lithovit Liquid Fertiliser I used really helped me. And if it didn’t, I will not sing its praises. I have to state that the honourable Joseph Boahen Aidoo has been of immense help to me.
He and some officials of COCOBOD sunk a borehole and irrigation system powered by solar energy. In 2018, he also sent me to Switzerland and bore all costs associated with the trip. The time I received the Lithovit Liquid Fertiliser it was not during the turner of Joseph Bahene Aidoo, but it (agrochemical) helped me, and if it (Lithovit) didn’t, I will not come here and testify about it.
Q. Sir if the Lithovit Liquid Fertiliser, which, according to your evidence, you used in 2014, 2015 and 2016, why have you stopped using it?
A. My lord I went to the CHED office to get some, but they said they have none. I tried getting some from the agrochemical shop, but could not find any to buy.
Q. Now, did the CHED officials tell you why they didn’t have the Lithovit Liquid Fertiliser?
A. Initially they told me they have to send the request to COCOBOD, but later they said supply had ceased.
Q. These are the same CHED officials who, according to your evidence, were aware of the benefits of the Lithovit Liquid Fertiliser to you farmers. So when they say they are not receiving new supplies, did you ask why?
A. Yes.
Q. And what did they tell you?
A. They told me that they have not been receiving supplies from COCOBOD.
Q. Sir, through your evidence in this court, we are aware that you personally don’t have any complaints about the Lithovit Liquid Fertiliser, but from your interactions with other farmers, did any colleague farmer make any complaint in respect of their use of Lithovit Liquid Fertiliser?
A. No.
Q. And in your dealings with the CHED officials you have not heard that anyone has complained to them about the Lithovit Liquid Fertiliser?
A. No. What I heard from the CHED officials was that other farmers have been making enquiries about the Lithovit Liquid Fertiliser, and where they can get some.
Q. You told the court that the Chief Executive of COCOBOD, Joseph Boahen Aidoo, and his officials actually know your farms and visit them. Did you ever raise your inability to get this Lithovit Liquid Fertiliser with any of them?
A. No. This is because we normally deal with the CHED officials, and whatever issues we have it is the place to go.
Q. Sir, you told the court a while ago that because of how effective the Lithovit Liquid Fertiliser was, you were willing to even buy with your own money?
A. Yes. If it was available on the open market, I would have bought it from that source.
Q. So you will not consider that the Lithovit Liquid Fertiliser that COCOBOD brought and distributed to you farmers in 2014/15 was a waste of COCOBOD money?
A. That is so.
Q. And the same thing you will also say the person who supplied the Lithovit Liquid Fertiliser has not caused COCOBOD to lose the money it has used to buy that particular fertiliser?
A. Yes.
Q. Now that the state has brought A2 (Seidu) and A3 (Agricult) to the court to be jail them for causing financial loss to the state for supplying this same Lithovit Liquid Fertiliser…
Prosecution: Objection my lord. Let counsel reframe the question.
Q. The accused persons have been brought to the court to be punished for causing financial loss to the state.
A. My lord, it will be really painful to us farmers to hear such a thing, because the Lithovit Liquid Fertiliser we used was of immense benefit to us.
Q. You told the court the first time you used fertiliser was 2010. Is that correct?
A. That is so.
Q. Now, between 2006 and 2010 what chemicals did use for the cocoa in that period, if you didn’t apply fertiliser?
A. I used poultry manure and Sidalco.
Q. Since 2012 you started using fertiliser and after you used the Lithovit Liquid Fertiliser, you have used other types of fertilisers?
A. Before using Lithovit Liquid Fertiliser in 2014/15 on my farms I used the granular type of fertiliser.
Q. How about after the Lithovit?
A. I have used Green Ok and Beg Green.
Q. In your experience how does the Lithovit Liquid Fertiliser compare to the other liquid fertilisers?
A. My lord, when I was using Lithovit Liquid Fertiliser it gave me a lot more yield than when I started using the other fertilisers.
Q. The CHED officials in your district, apart from inputs what other services do they provide you in respect of your cocoa farms?
A. Some are pollination of our cocoa, and also provide us … machine.
Q. Have the CHED officials, in dealing with you, ever asked for your views as a cocoa farmer on the performance of agrochemicals and other inputs they have supplied you from COCOBOD?
A. Yes. Sometimes they do. The pesticides that we received are not enough, as well as the fertilisers. The pruning machine, spraying machine also belonged to the CHED office.
Q. In …again your cocoa farms played a major role in you being the National Best Farmer in 2017?
A. All the farms activities were considered, but the cocoa farms were also part.
Q. Now, of the records that you say they go through of the National Best Farmer process, is it the records generated and kept by yourself that is considered?
A. That is so. I remember that when they came and I gave them all my farms records I told them they might not understand the English I have written in my records, but they explained to me that the most important thing is the concept, and I told if they didn’t understand something in the records I explained to them. I also had an accountant, who assists me in the process, but he is late now and his name is Mr. Benneh. When I came to collect my award at the ADB Bank I even came with him
Q. The records…they did verify any of these records, say, with CHED?
A. Yes.
Q. Did they go through your passbook as part of that process?
A. Yes.
Q. The entries in your passbook, who made those entries?
A. My Lord, the entries are made by the purchasing clerks, and they record the cocoa bean and the amount in cash.
Q. The increase in the passbook confirming the total cocoa beans purchase from you; are the only person or the farmer who has those entries?
A. The Purchasing Clerks are the ones who make the entries.
Q. Do they also keep a copy of these entries?
A. I don’t ask them, and I don’t believe so.
Q. Sir, does COCOBOD know the total number of cocoa beans you have sold in any particular year?
A. Yes.
Q. Do you know how COCOBOD will get this information?
A. The reason why they will know is because before we are given fertilisers for our farms, they will measure the quantity of cocoa a farmer harvests.
Q. Can you confirm to the court that you are not testifying in favour of anybody?
A. If that was so, I would not have come to this court. When I heard I had been subpoenaed before the court, I told my lawyer that I don’t want come and that I don’t want to be involved in any court matter. My lord, if not for the fact that I benefited from using Lithovit Liquid Fertiliser, I will not have been here, because no promise can be compared to what honourable Joseph Boahen Aidoo has done for me.
I am a Christian; I have sworn with the Holy Bible, and I know the repercussions it will bring to me if I say otherwise.
Nutifafa Nutsukpui: My lord that would be all.
Stella Ohene Appiah PSA
Q. How many cocoa farms do you say you have?
A. I have 147 acres of cocoa farm.
Q. I mean how many different cocoa farms do you have?
A. I have 22 different cocoa farms.
Q. In the 2015/16 cocoa year, were your cocoa farms 22 in number?
A. No.
Q. How many were they?
A. About 18 or 19.
Q. And out of this number, you applied Lithovit to three?
A. That is so.
Q. You told this court that you were instructed to apply Lithovit Liquid Fertiliser five to six times in a year?
A. Yes.
Q. Were you taught the intervals of application to your farms?
A. Yes.
Q. So, tell the court the intervals of application.
A. After the first application, you will repeat the process in the next month and the third month. You will leave an interval of two months and repeat the same process of application.
Q. You also told this court that because of the size of your farms, you personally approached the CHED officers to give you Lithovit Liquid Fertiliser instead of supplying you through the farmers’ group that CHED normally supplies fertiliser to. Is that not so?
A. The Lithovit fertiliser we received through the farmers’ groups was not enough, so later on I approached the CHED officers personally. I was part of the farmers’ groups that normally received the Lithovit Liquid Fertiliser from the CHED office.
Q. So CHED was supplying you fertiliser personally?
A. No.
Q. You told this court that what you were getting supplied from the farmer groups was not enough, so you made a personal appeal to the CHED office to give you Lithovit Liquid Fertiliser?
A. No.
Q. Now, Mr. Agyemang how many litres of Lithovit Liquid Fertiliser did you receive?
A. I got two boxes and that is about 24 litres.
Q. How many litres can spray an acre of cocoa farms?
A. I don’t remember clearly, but we were taught 30mm of the chemicals into the spraying machine. When it runs out we repeat the process.
Q. Mr. Agyemang, 1litre of Lithovit, how many acres can it spray?
A. I don’t recall how many litres we apply to an acre. That is why I mentioned earlier that we applied 30mm of the chemical into the spraying machine till it runs out, and we repeat the process. That is why we applied it to the three farms, because we could not have applied it throughout all the farms
Q. So Mr. Agyemang, a box of Lithovit fertiliser contains how many bottles?
A. 12 bottles.
Q. And each bottle is one litre; is that not so?
A. Yes.
Q. Now your first farm, which is 25 acres, how many bottles of Lithovit Liquid Fertiliser do you normally use to spray a farm of that size?
A. I will not be truthful if I say we checked the application we use. After we apply the fertiliser, we put the empty bottle in a barrel and move it to other farms. What I worked with was not to exceed 30mm, and under-measure the fertiliser when spraying the farms.
Q. Do you have any means to check how many Lithovit is left in your box?
A. What we do is that after the first round of application of all, I take a record of the number of bottles that were used.
Q. So what is the total increase of the…
A. The first farm is 25, but we applied the Lithovit Liquid Fertiliser on 12 acres; five acres is a different farm, and the one acre is also a different farm.
Q. So according to what you have just told this court, in the manual which you keep your records, how many bottles did you apply to these 18 acres?
A. As I said earlier, the fertiliser was enough for the span of two years, but in the third year, the Lithovit Liquid Fertiliser was not enough to go six rounds.
Q. So in the two years, you were able to fully spray your farm six times each year, how many bottles of Lithovit liquid did you use to spray your farm?
A. I don’t recall… but I took records and I have the records.
Q. Mr. Agyemang, you are not able to tell this court the number of litres you used to spray your 18-acre farm, because you didn’t spray it with Lithovit like you want this court to believe?
A. I applied it to 18 acres of my farms since the fertiliser that was given could cover the entire farm. In the third year, I was able to apply it in only three rounds. In that three years I was able to use all 24 bottles.
Q. When you won the award in 2011, you hadn’t heard of Lithovit Liquid Fertiliser, not so?
A. Yes.
Q. In 2011, you had not applied Lithovit Liquid Fertiliser to any of your farms, not so?
A. That is so.
