The Land Division of the Accra High Court, presided over by Justice Aboagye Tandoh, has been told that none of the individuals at Ghana Cocoa Board (COCOBOD) who prepared the contract for the supply of the controversial lithovit fertiliser has been punished.
These individuals who occupied the positions of Deputy Chief Executive Agronomy and Qualify Control (A&QC), Directors of Finance and Audit and the Procurement Manager allegedly prepared the contract letter to sole source 700,000 liters of lithovit liquid fertiliser, which was signed by Dr Stephen Kwabena Opuni, the then Chief Executive of COCOBOD.
The court was told by Samuel Codjoe, counsel for Dr Opuni, on Monday, April 22, 2024 that the contract was written by COCOBOD Procurement Manager, with inputs from the relevant persons working with the Board.
Codjoe informed the court that all the above mentioned people who worked on the contract document that was later signed by Dr Opuni are walking free.
Counsel who was cross examining Dr Francis Baah, Director of Research at COCOBOD, further told the court that when a letter is addressed to the Chief Executive, the latter would minute on it for his subordinates to take action, as shown on the Exhibits before the court.
Counsel’s position was based on the accusation that Dr Opuni breached the Public Procurement Act with the purchase of lithovit liquid fertiliser, hence his presence in court, together with the suppliers, Seidu Agongo and Agricult Ghana Limited.
According to the counsel, Dr. Opuni, as head of COCOBOD acted based on the expert advice from the technical staff, and not on his own volition.
He added that, this bureaucratic approach had been the standard practice in COCOBOD and same is evident in conduct of the current Chief Executive, Joseph Boahene Aidoo.
His statement was affirmed by the witness that the CE does not write letters, but only signs after it has been prepared and vetted by the technocrats.
In addition to that, Charles Kwao Tetteh Dodoo, a former director of Finance at COCOBOD told the court in the year 2022 that Dr Opuni, while as Chief Executive of the board, did not have a computer in his office to author official letters, and such documents were prepared by the Procurement Unit, and then he will sign.
Nevertheless, the prosecution is of the belief that Dr Opuni erred in leading COCOBOD to enter into this single contract that caused the country to lose about GH¢217.3 million, especially when he allegedly compelled Scientists to shorten the testing period for the lithovit fertiliser.
The following is the cross examination of Dr Baah;
Q. Dr Baah, as at the 31st day of December, 2014 what position did you occupy in COCOBOD?
A. My Lord I believe I was the Executive Director of Cocoa Health and Extension Division.
Q. Can you have a look at Exhibit Y. Exhibit Y is the letter from PPA, which was sent to COCOBOD and it is dated the 31st of December, isn’t it?
A. Yes my Lord, the date on exhibit Y is 31st December 2014.
Q. Can you look at Exhibit X. Exhibit X is a letter from COCOBOD on which a reply was received from PPA that wrote Exhibit Y. On the last page of Exhibit X, the letter is copied to the Deputy Chief Executive F&A, A&QC, Directors of Finance and Audit, and the Procurement manager. You can confirm that even though Exhibit X was signed by first accused, he wasn’t the one who wrote, but it was written by the Procurement Manager with inputs the relevant persons who are copied?
A. My Lord that would be my expectation.
Q. This letter is for the purchase of 700,000 litres of Lithovit from Agricult Company limited.
A. Yes my Lord, it stated like that on exhibit X before me, my Lord.
Q. You see, when PPA granted approval by way of Exhibit Y, it copied the letter to first Accused alone, because that is how PPA deal with procurement letters from COCOBOD?
A. Yes my Lord.
Q. In your previous position as the office manager in the Chief Executive’s office, having served two different Chief Executive, ie, Mr Fofie and first accused, you are in position to confirm this is how PPA response to application for procurement, will address to the Chief Executive and not the persons who were copied in COCOBOD application letter?
A. Yes my lord, from my experience that is the case.
Q. You can also confirm that when this letter was received by the Chief Executive, he minuted it down to his Deputy Chief Executive F&A for him to work on through the normal chain of persons who work on such letters?
A. Yes my Lord, I can confirm in the face of Exhibit why that the letter was referred to Deputy Chief Executive F&A for your instruction and necessary action.
Q. You have in your hand Exhibit Z, which is a contract dated the 6th day of…2015 for the supply of 700,000 litres of Lithovit fertilizer, which has been approved by the PPA?
A. Yes my Lord.
Q. You can confirm if you turn to the 6th page, you have as an attachment, the invoice of Agricult, which was addressed to the Chief Executive, that is the first accused, on the 29th of November 2014?
A. Yes my Lord.
Q. When this invoice was received, it was minuted by the Chief Executive to the relevant persons. Can you confirm the people who worked on this which culminated into Exhibit X and Y?
A. My Lord I can confirm to the minutes on Exhibit Exhibit Z on page 6, were addressed to 1, manager of CODAPEC, 2, to the Executive Director, CHED and my lord, 3, procurement manager.
Q. You would know the names of individuals who were minuted on this letter. Please name them?
A. Yes my Lord. At the time the manager of CODAPEC was Solomon Aquaye, the Executive Director of CHED was my good self, Francis Baah and my lord I believe very much that the procurement manager was one Acheampong Quaicoe…Mrs Bernice Eshon took over from him (Acheampong) as the procurement manager, but I cannot be sure of the time.
Q. The persons you have mentioned here, that were minuted to work on this invoice?
A. Yes my Lord, we asked for your necessary action, FYNA in COCOBOD we use this…
Q. It is after these minutes on this invoice dated 19th of November 2014 that is when Exhibit Z was written on 10th January 2015, by the Procurement Department, that is correct?
A. My Lord that is the case.
Q. This contract was also prepared by the procurement unit with inputs and vetting by the legal department and not first accused who signed for and on behalf of COCOBOD?
A. Yes my lord that is the expectation.
Q. You see, none of the persons in the chain of Exhibit X, Y and Z, leading to the PPA letter and the contract, have been sanctioned by COCOBOD as having engaged in any unlawful act with respect to the purchase of Lithovit by COCOBOD, that is the position?
A. My Lord not that I’m aware of.
Q. For the 2016 cocoa season, can you have a look at Exhibit BB, and confirm to this court that Exhibit BB even though was signed by the Chief Executive, this letter as can be seen from page 2 came from, what Mr. Dodoo described as bottom up, that is it came from the procurement manager who doesn’t report directly to the Chief Executive with inputs from persons who are copied in like the Director of Finance for the signature of the Chief Executive?
A. My Lord, what I have here is 2015/16 that is correct.
Q. Have a look at Exhibit CC and confirm that this is a letter from the Public Procurement Authority to the Chief Executive that is A1, and the Chief Executive granting the application for sole source for this lithovit, concerning the exhibit?
A. My Lord I can confirm that Exhibit CC is in response to Exhibit BB. The reference number on Exhibit CC is what is on Exhibit BB.
Q. Can you also confirm that when the PPA wrote Exhibit CC to first accused he minuted it to the office concern which is the Deputy Chief executive A&QC?
A. My Lord what I can confirm on the face of Exhibit CC is the deputy chief executive minuted it to the Deputy Chief Executive F&A, and not A&QC?
Q. So you can confirm that on the face of it, when the Chief Executive received this Procurement letter, he did not work on it personally but referred it to the relevant person that is the Deputy Chief Executive F&A?
A. Yes my Lord, I can confirm that with Exhibit CC the Chief Executive referred it to the deputy chief executive F and A for his action.
Q. Can you have a look at exhibit Dd, which is for the supply of Lithovit which was prepared by COCOBOD after the approval of exhibit CC. Can you confirm that on page 5 of the procurement document, you have as an attachment an invoice from the third accused of the Lithovit to be purchased and addressed to the Chief Executive?
A. Yes my Lord I can confirm that.
Q. Can you further confirm that when the Chief Executive received the letter he minuted it to the relevant persons whose names are on the face of the invoice!
A. Yes my Lord, I can confirm that.
Q. Can you please give us the name of the persons, starting from when the Chief Executive minuted it first to when the other persons who also were minuted on this invoice?
A. Yes my Lord, when the letter from Agricult 12the November 2015 was minuted to deputy chief executive A&QC, who minuted it to the Executive Director of CHED, the Executive Director of CHED minuted it to the procurement manager?
Q. Can you give me the individual names of those persons?
A. My Lord the Deputy Chief Executive was Dr. Francis Kofi Oppong, and the executive director of CHED was Dr. Francis Baah, my Lord the procurement manager I still believe was Mr. Acheampong Quaicoe. Mr. Acheampong Quaicoe retired at some point and Mrs. Bernice Ashun took over as the procurement manager, I cannot be sure about the time.
Q. In fact it is this line of persons who are the relevant persons to work on this procurement, I’m putting that to you by way of documentation and everything concerning the award of contract, namely the procurement processes and others?
A. My Lord that would be correct, this type of contract needs to be prepared by procurement, my Lord in which in COCOBOD is part of finance.
Q. None of the persons who worked in this chain with respect to the award of contract for the purchase of this lithovit liquid fertilizer whose details are contained in the minutes have ever been punished in any way whatsoever by COCOBOD for having entered into an unlawful contract to purchase a wrong fertilizer?
A. My Lord not that I’m aware of *
Q. I’m putting it to you that none of the persons who worked on this contract have ever been used as prosecution witnesses even though they were investigated extensively by COCOBOD and the various law enforcement agencies namely the police and EOCO?
A. My Lord I’m aware of any such persons being used as witnesses.
Q. You see, whatever actions you did, Dr. Francis Baah in your capacity as the executive director of CHED with respect to this contract was done in the course of your normal work without any influence being brought to bear on you by any person?
A. My Lord that is correct.
Q. First accused, Dr. Stephen Kwabena Opuni never interfered so far as your functions were concerned with respect to this contract
A. My Lord that is correct
Q. In fact A2 and any officer of A3 did not in any way whatsoever and or howsoever attempt to influence you in your work with respect to this contract?
A. My Lord that is correct
Q. If you take Exhibit Z, which is the contract and the first page, you have 6th February 2015. You can confirm that around the month of February 2015, that is for November, December and February, similar contracts for the supply of other fertilizers were entered into by COCOBOD?
A. My Lord that is correct
Q. You have in your hand exhibit 95, and that is the contract dated 17th day of February 2015 also between COCOBOD and Sidalco, also confirm that apart from the different name of Sidalco, and the quantities and price of this Sidalco it is the exact replica of exhibit Z?
A. My Lord on the face of the two exhibit is z and 95, I agree with counsel that the attached contracts but for the difference in unit cost and quantities, my Lord appears same in words and structure
Q. You can also confirm that it also has an attachment of the proforma invoice at page 6 just like exhibit Z?
A. Yes my Lord that is the case
Q. And you can also confirm that just like the page 6 on Exhibit Z, the chief executive also minuted to the people with respect to the contract lithovit fertilizer in exhibit…?
A. Yes my Lord
Q. Can you tell the court the name of fertilizer in exhibit Z for the …?
A. My Lord it is Lithovit liquid fertilizer
Q. You see between all the technocrats in COCOBOD including the procurement manager and the CODAPEC manager, when it comes to the nature that is the identity of the type of fertilizer they have more knowledge as to the identity of the product namely lithovit liquid fertiliser than the chief executive
A. My Lord that would be my expectation especially with respect to the technical manager of CODAPEC who was a former soil scientist of CRIG.
Q. Can you have a look at exhibit 96. Exhibit 96 is another contract for the purchase of Sidalco liquid fertilizer and this is Sidalco balance, 10:10:10 which is different from Sidalco 6:10:20 and this contract was also for the supply of this Sidalco fertilizer for the 2015/16 cocoa season. Can you confirm that on page 5 you also have the invoice just like the invoice attached in exhibit Z and exhibit 90!
A. Yes my Lord that is correct
Q. And can you confirm that on this proforma invoice which is addressed to the Chief Executive when he received it, he minuted it to the relevant persons just like in Exhibit Z?
A. My Lord that is correct
Q. Can you give us the order in which these minutes were minuted to the relevant persons whose details are contained on the invoice?
A. Yes my Lord it was first minuted to the deputy chief executive A&QC, and then to the executive director CHED, and my lord the procurement manager
Q. Can you please give me the names of these persons who occupied these positions?
A. Yes my Lord the DCE A&QC at the time was Dr. Francis Kofi Oppong, the executive director of CHED was Dr. Francis Baah, my Lord I stand to be corrected, given the date I suspect the procurement manager would be Mrs. Ashun.
Q. You have Exhibit 90, under procurement what is the instruction to the procurement manager?
A. My Lord it reads, please for your information and necessary action, prepared PPA document with the appropriate attachments for CE’s action
Q. Who signed this minute directing the procurement manager to prepare the PPA letter with the appropriate departments for the CE’s action?
A. My Lord, Dr. Francis Baah the executive director of CHED at the time
Q. Can you have a look at Exhibit 96, which is a contract dated 27th November 2015 between COCOBOD and ABQ limited for a liquid fertilizer called lifet A+, can you confirm that on page 5, you have the invoice from this company addressed to the Chief Executive from this company, and that when he received it he minuted it to the relevant persons whose designations are contained therein, and this contract is for the 2015/16 cocoa season?
A. Yes my Lord, I have before me Exhibit 96 and on page 5 a quotation from ABQ limited, the chief executive referred it to the dce A&QC who subsequently referred it to the executive director of CHED, and my lord the executive director of CHED requested for the action of the procurement manager
Q. In fact what did it state, if you can tell this court?
A. My Lord it reads please for your information and necessary action, prepared PPA document with the appropriate attachments for the CE’s action
Q. You see, when you minuted the invoice that is attached to Exhibit Z to the procurement manager, it was for the PPA letter to be written?
A. My Lord that is so.
Q. Now have a look at exhibit 98, which is another contract between COCOBOD and Seyi Jones limited for the supply of 200,000 bags of elite organic fertilizer. Once again, you can confirm that as an attachment on page 5 of the contract, you have the proforma invoice which is addressed to the chief executive, which is the first accused, from this company. And on receipt just like the other invoices including Exhibit Z, he minuted it and the chain continues. Can you confirm the persons who were minuted on this proforma invoice?
A. Yes my Lord Exhibit 98 before me on… page, there is a proforma invoice from Seyi Jones limited to the chief executive Ghana Cocoa Board. My Lord the chief executive minuted it and the dce A and QC, who in turn minuted it to the executive director of CHED for his necessary action my Lord. And the Executive Director the minutes it to the procurement manager for her information and necessary action.
Q. On the minutes, can you state what the procurement manager was required to do?
A. My Lord the procurement was requested to prepare PPA documents for appropriate attachments for CE’s action
Q. Can you confirm that when you minuted to the Procurement manager to prepare the PPA documents with appropriate attachments for CE’s action, you meant the procurement letter which the chief executive signed to the PPA for sole source of the fertilizer?
A. My Lord that is correct
Q. In fact one of such letters is exhibit X that is the PPA letter dated the 10th December 2014 for sole source for the purchase of Lithovit liquid fertilizer
A. Yes my Lord that is so.
Q. Can you have a look at Exhibit 54, which is a contract dated 14th day of December 2015, between Ghana Cocoa Board and Faskay company for the supply of 200,00 bags of soabapa fertilizer. Can you confirm just as the other ones on page 5 you have attached to the letter the invoice from Soabapa?
A. Yes my Lord
Q. And can you further confirm that when this invoice, namely one of the attachments to Exhibit 54, which was addressed to the Chief Executive, was received by the CE just like the other commercial invoices for fertilizers. He again minuted it to the relevant officials and if you can name these officials?
A. Yes my Lord I can confirm invoice from Faskay dated …I can further confirm that the chief executive minuted it to the dce A and QC, and then he minuted it to the executive director of CHED who was Dr. Francis Baah at the time, and from the executive director to the procurement manager whom my Lord I believe at the time was Mrs. Bernice Ashun
Q. What did you direct or instruct the procurement manager to do?
A. My Lord in the minutes I requested her to prepare the PPA documents with the necessary attachments for the CE’s action.
Q. By this, you meant that the procurement manager, should write the PPA letter for the sole source of this ‘soabapa’ fertilizer for the signature of the chief executive, that is first accused?
A. My Lord that was my expectation
Q. And that was done just like all your other requests for PPA letters and including the PPA letter for lithovit liquid fertilizer.
A.
Q. Can you have a look at exhibit 55, which is a contract between COCOBOD and Olam Ghana limited for 250,000 bags of Adom cocoa fertilizer, can you confirm that it is for the same 2015/2016 cocoa season on page 5, can you confirm like just the ones I have referred you to today, you have the invoice from Olam addressed to the chief executive
A. I can confirm from exhibit 55 of the letter from Olam dated December 21, 2015.
Q. Can you tell us the designations of the persons who were minuted to and if you were one of them?
A. My Lord I confirm that it was minuted to the dce A&QC who at the time was Dr. Francis Kofi Oppong. My Lord it was then minuted to the Executive Director of CHED who at the time was Dr. Francis Baah, it was then moved the executive director of CHED to procurement manager whom my Lord, subject to corrections I believe was Mrs Bernice Ashun.
Q. What instructions did your minutes to Bernice Ashun states or directs?
A. My Lord, she will write the PPA letter and document for the attention of the Chief Executive.
Q. So once again, this PPA letter for this Adom cocoa fertilizer for sole source though signed by the Chief Executive was prepared by the requisite technical experts just like the PPA letter exhibit X for lithovit liquid fertilizer?
A. My Lord that is so
Q. Can you have a look at Exhibit 56, which is a contract dated 21st day of February 2015 between COCOBOD and Outspan Ghana limited for the supply of 250,000 bags of Adehyie fertilizer. Can you confirm that on page 5, you have as an attachment, an invoice from Outspan Ghana limited to the chief executive who then minutes to the persons name therein can name the persons and confirm if you are one of them?
A. Yes my Lord, I can confirm from Exhibit 56 before, an attached quotation from Outspan Ghana limited 21st December 2015. My Lord, I can confirm that the Chief Executive minuted to the DCE A&QC who my Lord at the time was Dr. Francis Kofi Oppong, who then minuted it to the Executive Director of CHED who then was Dr. Francis Baah. My Lord, he subsequently minuted it to the procurement manager, whom I believe was Mrs Bernice Ashun requesting her to prepare PPA letter for the attention of the chief executive
Q. You see Dr. Francis Baah, in all the contracts that I have referred you to in 2015, they were all prepared by the requisite personnel namely the procurement and legal department with inputs from finance for the execution of the Chief Executive for and on behalf of COCOBOD?
A. Yes my Lord, on the face of all the Exhibits that I have been shown that is correct.
Q. You see, you can also confirm that all these contracts were witnessed by the Director of Finance of COCOBOD because that is the practice?
A. My Lord that is the case, all the contracts that I have been shown were signed by the chief executive and witnessed by the Finance Director.
Q. You have before you Exhibit 52 is a contract between COCOBOD and for the supply of natural… liquid fertilizer, it was executed on the 16th day of June…it was signed by Joseph Boahene Aidoo, the Chief Executive and witnessed by Peter Osei Amoako the Director of Finance. Can you also confirm that on page 5 have … just like the other contracts during the first accused time also has an invoice of the company A Badu attached to the contract?
A. My Lord I can confirm before me Exhibit 51, the contract K Badu Agrochemicals company limited and Ghana cocoa board my Lord, and signed by Hon. Joseph Boahene Aidoo the Chief Executive and my lord witnessed by Peter Osei Amoako who was designated here as acting director of finance
Q. Can you confirm that on the revised invoice it is addressed now to the senior procurement manager and there are no minutes on the invoice
A. Yes my Lord I can confirm that.
