The Attorney-General Dominic Ayine has filed a notice at the Accra High Court withdrawing all the charges against Dr. Stephen Kwabena Opuni, the former Chief Executive of COCOBOD, businessman Seidu Agongo, and Agricult Ghana Limited.
This effectively brings the about eight-year case to a close, with Dr. Opuni and Mr. Agongo acquitted and discharged of all charges by an Accra High Court presided over by Justice Aboagye Tandoh.
“The Attorney General has instructed that the charges against persons in this matter be withdrawn.
“My Lord, pursuant to this, the Republic has filed notice of withdrawal,” Enam Loh Mensah a representative of the Attorney General told the court on Tuesday, January 28, 2025.
The trial, which began in March 2018, initially saw 27 charges leveled against the accused, including abetment of crime, defrauding by false pretence, willfully causing financial loss to the state, contravention of the Public Procurement Act, and selling adulterated fertilizer. While Mr. Agongo and Agricult Ghana Limited were previously cleared of additional charges of money laundering, both he and Dr. Opuni consistently denied all allegations.
Defence Strategy and Witness Testimonies
Dr. Opuni declined to mount the witness box in the course of the trial as his defence rested heavily on the testimony of 11 credible witnesses, whose evidence painted a compelling picture of his innocence. These witnesses included cocoa farmers who had firsthand experience with Lithovit Foliar Fertilizer, COCOBOD technical and management staff, and a former board chairman who played a role in the product’s procurement and approval processes.
One key highlight was the testimony of farmers who praised Lithovit as a “messiah” and “saviour,” citing its positive impact on their cocoa yields. Among them was a National Best Farmer who attested to the fertilizer’s efficacy. Other witnesses, such as COCOBOD’s former Director of Finance, Charles Tetteh Dodoo, former Office Manager of the Chief Executive’s Office and former Executive Director of CHEd Dr. Francis Baah, and the former Executive Director of the Cocoa Research Institute of Ghana (CRIG), Dr. Gilbert Anim Kwapong, testified to the due diligence and processes involved in procuring and certifying the fertilizer.
Dr. Opuni’s counsel, Samuel Cudjoe, confirmed on February 12, 2024, that his client chose not to personally testify, relying instead on the robust evidence presented by the defence witnesses. “The first accused is satisfied with the evidence of his witnesses and the evidence before the court and will not give evidence personally,” Cudjoe told the court.
Prosecution Challenges
The prosecution called seven witnesses but failed to present any farmers to challenge the claims of Lithovit’s efficacy. Their attempt to use statements from two farmers backfired, as one testified to a bumper harvest while the other reported a slight increase in yield. This glaring omission raised questions about the prosecution’s strategy, as the trial revolved around claims that the fertilizer was ineffective and caused financial loss to the state.
The case faced numerous legal hurdles, including a controversial ruling on a submission of no case, allegations of bias against the initial trial judge, Justice Clemence Jackson Honyenuga who, in his closet, discarded 18 evidence that defence lawyers said favoured their clients in his ruling on the submission of no case. These evidence were tendered in evidence in an open court without objection by the prosecution but the judge in suo moto threw them away without giving the counsel for the accused persons the opportunity to defend themselves.
Justice Aboagye Tandoh was the third judge to have heard the case after he took over from Justice Kwasi A. Gyimah, who was controversially transferred to Kumasi by the Chief Justice after he decided to restart the highly politicized case de novo which he had inherited following the retirement of Supreme Court judge, Justice Clemence Honyenuga who was sitting with additional responsibilities as a High Court judge.
Context and Legal Implications
The case originated from allegations that COCOBOD had procured Lithovit Foliar Fertilizer, manufactured by Mr. Agongo’s Agricult Ghana Limited, under questionable circumstances, causing financial loss to the state. However, investigations by the Economic and Organized Crime Office (EOCO) initially found no wrongdoing, only for the case to be revived following orders from the then-Senior Minister, Yaw Osafo-Marfo.
Despite the state’s extensive resources, its inability to discredit the defence’s evidence and the overwhelming testimony in favor of the accused ultimately weakened the prosecution’s case. The filing of the nolle prosequi signals the Attorney-General’s decision to discontinue the trial in light of these developments.
Meanwhile, legal experts and commentators have praised the defence team’s strategy, emphasizing the importance of credible witness testimonies in securing justice. Others have raised concerns about the prolonged nature of the trial and the resources expended by the state.
Dr. Opuni’s case underscores the complexities and challenges of prosecuting high-profile financial cases in Ghana. With his acquittal, the former COCOBOD boss can now move past the ordeal, which has spanned over seven years.
