Opuni Trial: My interrogation at EOCO was limited to Lithovit Liquid Fertiliser –Witness

Dr Gilbert Anim Kwapong, former Executive Director of Cocoa Research Institute of Ghana (CRIG), says he approved and renewed a number of Certificates covering fungicides, pesticides, fertilisers and machineries for COCOBOD, but his interrogation by the Economic and Organised Crime Office (EOCO) was limited to Lithovit Liquid Fertiliser.

Dr. Kwapong could not put a figure to the number of agrochemicals and machineries he approved and the renewal certificates while testifying before the Land Division of the Accra High Court, presided over by Justice Aboagye Tandoh.

He was testifying as Dr. Stephen Kwabena Opuni’s 8th Witness and was being cross examined by Benson Nutsuikpi, Counsel for Siedu Agongo and Agricult Ghana Limited on Wednesday.

The former CRIG Executive Director added that information regarding all the products that were submitted for testing and were at the various stages of testing during his tenure were listed in his handing over notes.

The witness said he was directed at COCOBOD to submit his handing over notes in 2017 to Dr. Afriyie Akoto, the then Minister for Agriculture.
He indicated that the contents of handing over notes were the contributions of three main chemical testing divisions namely; anthology, plant pathology and soil science of CRIG.

Dr. Kwapong also denied the suggestion that CRIG never referred to an agrochemical product as lithovit liquid fertiliser.
According to him, the product Lithovit liquid fertiliser is captured on CRIG recommendation letter for cocoa production at 50 grams per 11 litres of water, using motorised spraying machine.

He further stated that it was recommended that lithovit liquid fertiliser required six applications at 500 grams per hectare per application at monthly intervals from May to October were required per a season.

The witness stated that Agricult Ghana Ltd paid for CRIG in collaboration with Cocoa Health Extension Division (CHED) to organise training on the use of the product for Extension Officers for onward training of Extension agents and cocoa farmers.

He added that payment for such training of trainers is a normal practice in CRIG by suppliers, in order for their products to get the favourable results.

Cross-examination

Q: And Exhibit B was signed by your predecessor, Dr Amoah?
A: That is correct.
Q: Sir, look at Exhibit B. Have you seen Exhibit B? It is in the nature of report normally sent to COCOBOD by CRIG. That is correct?

A: My lord that is correct
Q. And please look at the reference number of Exhibit B and tell the court what the reference number is?
A. My Lord, the reference number CRIG 39/14 volume 18/328.

Q. Is it how you reference letter at CRIG?
A. It has been a while since I left CRIG and I cannot recollect exactly how the reference is
Q. Who is this letter addressed to?

A. My Lord, it is addressed to Deputy Chief Executive Agronomy and Quality Control (A & QC) of COCOBOD.
Q. In 2014, who was the deputy chief executive A&QC?

A. My Lord I don’t remember.
Q. I’m suggesting to you that Adu-Ampomah was the deputy Chief Executive?
A. I not sure.

Q. At the time you were Executive Director, who was the deputy Chief Executive, A and QC
A. My Lord, if my memory serves me right, I think it would be Dr. Francis Oppong.
Q. The reports forwarded always have a recommendation that’s correct?

A. My Lord, that is correct.
Q. Sir what is the recommendation on Exhibit B?

A. My Lord, there is a recommendation on page 5 that Lithovit is recommended for cocoa production at 50 grams per 11 litres of water using motorized spraying machine. Six applications at 500 grams per hectare per application at monthly intervals from May to October, are required per a season.

Q. Now, the letter was addressed to the deputy chief executive who is supposed to work on the letter that’s correct?
A. My Lord that is correct.
Q. CRIG would also normally provide the address of the company that submitted the product?

A. My Lord that is correct?
Q. Now look at Exhibit C, emanates from the Deputy Chief Executive of COCOBOD that’s correct?

A. My Lord that is correct
Q. Please read the content of Exhibit C to this honourable court?
A. We forward the attached letter…we wish to inform you that management has approved the use of the product

Q. Exhibit C is addressed to the third accused person Agricult Ghana ltd?
A. That’s correct
Q. It was copied to the Deputy Chief Executives Finance and Administration and A&QC, that is also correct.

A. My Lord that is correct.
Q. And these two positions – Deputy Chief Executives Finance and Administration, and A&QC – are among the various offices that constitute management of COCOBOD?

A. My Lord that is correct.
Q. Do you know the various offices that served on the management of COCOBOD?
A. My Lord, I know the deputy Chief Executive in charge of Finance and Administration, A &

QC and Deputy Chief Executive Operations.
Q. And the head of that team is the Chief Executive, that’s correct?

A. My Lord that is correct.
Q. It is the case that it was the management of COCOBOD that approved the recommendations of CRIG as in Exhibit C, that is correct?

A. My Lord I think is correct.
Q. And while you were the Executive Director of CRIG, the response in Exhibit C accords with the normal responses that CRIG receives when COCOBOD accepts recommendations made by CRIG?

A. My Lord that is correct.
Q. Do you know how letters CRIG send to COCOBOD through the Deputy Chief Executive A&QC on recommendations are processed by COCOBOD?

A. My Lord I don’t know that.
Q. Please look at Exhibit 5. Do you know Rev Fr. Dr. E. O. K. Oddoye,

A. My Lord, yes I do.
Q. He was at CRIG at the time you were there?
A. My lord, that’s correct.

Q. What was his position whilst you were there?
A. My Lord, before leaving CRIG in January 2017, he worked as deputy Executive Director in charge of Cocoa.

Q. What is the date on Exhibit 5?
A. MY Lord, it is dated 7th July 2017.
Q. And Exhibit 5 is signed by Rev. Fr. Dr. Oddoye, that is correct?

A. And that’s correct.
Q. And that letter is addressed to the third accused person?
A. My Lord that is correct.

Q. It is true that Rev. Oddoye was requesting the third accused person …?
A. What product is named in red. Father Oddoye’s letter
A. My Lord, the product name is lithovit liquid fertilizer.

Q. And the third accused person was by the said letter requested to pay GH¢3,000 to facilitate the early release of the certificate, that is correct
A. My Lord that GH¢3000 is the fees for assessment and evaluation.

Q. Sir, look at the document and tell this court. Have you ever seen this document?
A. My Lord yes, and it bears my signature.
Q. It is on CRIG letterhead.

A. That is correct.
Q. And it is from the office of the Executive Director?
A. That is correct.

Q. It is dated October 21, 2014.
A. My Lord that is correct?

Q. And it is addressed to the third accused person that is Agricult Ghana Ltd?
Q. Attached to it is a budget for sensitisation and training, have you seen that one?
A. Yes.

Q. And also attached is an invoice from CRIG that’s also correct?
A. My Lord that is correct.
Q. And you are familiar with those documents?

A. My Lord I’m familiar with it.
Benson: We want to tender that document in evidence.
Prosecution: I have no objection.
Court admitted and marked exhibit 126.

Q. Sir, look at Exhibit 126, it is titled request for technical assistance, that is correct?
A. My Lord that is correct?
Q. Please read the title after the reference?

A. Budget for Agricult/CRIG training/ sensitisation programme for Extension Officers and farmers on the use of Agricult lithovit liquid fertilizer on cocoa.
Q. And the product there is Agricult lithovit liquid fertilizer, that is correct?
A. My Lord that is correct.
Q. And your budget was GH¢21,390 – that is also correct?

A. My Lord that is correct.
Q. Explain to this honourable court that CRIG requires this assistance from Agricult, the third accused person?

A. My Lord, to the best of my knowledge, it is the company that rather requested for assistance from CRIG?
Q. To do what?

A. My Lord, read the exhibit 126…with reference to your letter dated…
Q. So the training for which you sent the budget to the third accused to train extension officers of COCOBOD and farmers on the use of Lithovit liquid fertilizer that is correct?

A. My Lord, that is correct.
Q. Would I be right in suggesting that is a kind of training of trainers programme?

Law Court Complex, Accra

A. That is not exactly correct. I will explain. My Lord, originally the programme was for CRIG to train extension officers and farmers. When it was brought to our attention, I realized based on the date and our capacity that we didn’t have the numbers to train all farmers and Extension Officers on the use and handling of the new product.

So my Lord, I decided that we liaise with CHED.
They are responsible for extension and all the Extension Officers we are going to train are from the Division and based across all the cocoa regions and they interface directly with farmers.

We, therefore, for the support of CHED transferred the funds to them, CRIG will only provide the resource persons to train the Extension Officers together with some focal group, farmers and subsequently the training of trainers would come in.

Then the Extension Officers will train the Extension Agents who then go ahead to train the farmers. My Lord, I mentioned that date, the CRIG crop season starts in April and ends in March the following year.

From April up to September and October, we will be applying all the agrochemicals, including insecticides and fungicides that are recommended for use on cocoa.

Therefore, my Lord, it is very necessary to sensitise and train farmers on their handling and use of newly approved agrochemicals before the commencement of the cropping season.
Q. So Sir, the training took place in conjunction with CHED, that’s right?

A. My Lord, that is right.
Q. Sir your budget is also on the Lithovit liquid fertilizer that is correct?
A. My Lord, that is correct.
Q. And so is the invoice, the product there is lithovit liquid fertilizer?

A. My Lord that is correct.
Q. If you look at Exhibit 5 and Exhibit 126, you would agree with anybody who will tell this court that the product A3 supplied to CRIG never referred to the product, as lithovit liquid fertilizer?

A. My Lord no.
Q. And Sir, the training of Extension Officers, Extension Agents, farmers and anybody will deal with the product is not an exception, it is a very normal practice of COCOBOD?

A. My Lord, that is correct, I want to add that other suppliers do same.
Q. Indeed, every supplier wants its product to be used in the best way, so CRIG will continue to use its product?

A. My Lord that is correct.
Q. It is also true that some of the suppliers do radio and other adverts on how to apply their product. That is correct?

A. My Lord that is correct.
Q. Sir, apart from giving a statement to CID, you also gave a statement to EOCO, that is correct?

A. My Lord that is correct.
Q. Sir, and that you did on the 15th day of March 2017, that is correct?
A. My Lord, I cannot recollect the date. I gave two statements to EOCO…

Q. You recollect the circumstances you gave the statement
A. The first one was when I requested some family members to bail me and the second was some days after …

Q. And the two statements you gave to EOCO doesn’t include what you gave to the CID, that is correct
A. My Lord yes my Lord.

Q. But you stated the position as you know is your statement to EOCO?
A. My Lord that is correct.
Q. At EOCO you were questioned specifically about lithovit, that is correct?
A. My Lord that is correct, that is the second statement I gave to EOCO.

Q. Whilst you were the Executive Director of CRIG, can you tell us the number of certificates you issued or renewed in terms of chemicals and machineries?
A. My Lord, there were so many of them, I couldn’t keep track of the numbers.

Q. Even in terms of fertilizer, your institute issues a number of certificates, which you signed, that is correct?
A. My Lord that is correct.

Q. Sir, it is true that you prepared detailed handing over notes when Dr. Franklin Manu Amoah, PW1, was taking over from you as the executive director of CRIG?

A. My Lord, the letter transferring me from CRIG, specifically directed that my handing over notes should be sent to the President’s representative at COCOBOD at the time. I went to COCOBOD and I was directed to go the office of the minister for Agriculture, Dr. Akoto Afriyie Akoto, I met him personally and submitted my handing over notes to him.

Q. You also had detailed paper on the testing of agrochemicals and fertilizers attached to your handing over notes, that is correct?

A. My Lord that is correct.
Q. And this handing over notes listed all the products that were submitted for testing and tested and the various stages of testing that they were as at the time of your handing over and those tested throughout your tenure?

A. My Lord that is correct, and the contributions of three main chemical testing divisions, namely anthology, plant pathology and soil science.

Q. So Sir, your handing over notes and accompanying papers were also a product of team work from CRIG?
A. Yes my Lord.

 

 

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