State Has Established Its Case Against You, Open Your Defense – High Court Orders Former COCOBOD CEO Stephen Opuni, Others
Criminal High Court presided over by Justice Clemence Hoyenuga, A Supreme Court Judge sitting with additional responsibility as a High Court Judge, has ordered Stephen Opuni, the former Chief Executive Officer of Ghana Cocoa Board (COCOBOD) and two others to open their defense because the State has established a prima face case against them.
According to Justice Clemence Hoyenuga’s Court today the 7th of May 2021, the prosecution has succeeded in proving the essential ingredients in the charges levelled against the accused persons in all the twenty-seven (27) counts with the exception of counts twenty-two (22), twenty-three (23), and twenty-four (24).
“I am convinced that this matter is very sensitive and prosecution having made a prima facie case against the accused persons and they are called upon to open their defence. However, the prosecution failed to establish a prima facie case against the accused persons and they are thereby acquitted and discharged on those charges. Adjourned to May 17 for Opuni to open his defense.” Justice Clemence Hoyenuga ruled.
Lead Counsel for the first accused person, Samuel Codjoe, after the ruling of the Court requested for a two-week break to allow them to obtain a certified true copy of the ruling which according to the Court, will be ready on Monday 10th of May 2021, so they can advise themselves.
The Attorney General, Godfred Yeboah Dame, opposed the request of the defence lawyer indicating that it is in the interest of justice for the three-year-old trial to move on without any further delay.
“The court has indicated that the ruling would be filed by Monday and the accused persons would have ample time between Monday and May 14 to prepare for their defense. I don’t know why they need the ruling before they can open their defense unless they intend to embark on a different course” the Attorney General said in open Court.
The presiding judge in refusing the application of the defence team for another date other than the 17th of May 2021, to open their defence, indicated that the case has taken almost three (3) years and that he wants to “finish it as quickly as possible as possible” so that he can attend to his “core duties at the Supreme Court”.
BACKGROUND
After more than two years of trial, the prosecution in the case of former COCOBOD CEO Dr. Stephen Kwabena Opuni and businessman, Seidu Agongo, on the 29th of March 2021, closed its case against the accused persons. The accused persons have been on trial at an Accra High Court since March 2018, charged with 27 counts, including causing financial loss.
The prosecution led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, called seven witnesses to prove the charges against the accused persons who were extensively cross-examined by defence lawyers, some spanning about six months. The prosecution, at the end of the cross-examination of Chief Inspector Thomas Prempeh Mercer, the investigator, on 29th March 202, said it had ended its case.
Dr. Stephen Opuni and Seidu Agongo, Managing Director of Agricult Ghana Limited, are on trial for allegedly causing financial loss to the state to the tune of two hundred and seventeen million, three hundred and seventy thousand, two hundred and eighty-nine cedis (GH¢217,370,289.22).
They are being accused over the purchase and supply of Lithovit fertilizer, which the state submitted was done in contravention of several laws. The two are facing a total of 27 charges including defrauding by false pretense, willfully causing financial loss to the state, money laundering, corruption by a public officer and contravention of the Public Procurement Act.
The two pleaded not guilty to all the charges and were admitted to a bail of GH¢300,000 self-recognizance bail each by the court at the beginning of the trial. According to the facts of the case, Dr. Opuni on October 10, 2014 whiles he was the CEO of COCOBOD agreed to permit his conduct to be influenced by an amount of GH₵25,000.
His co-accused, Mr. Agongo, has also been accused of “endeavouring to influence the conduct of Stephen Kwabena Opuni in the performance of his duties as the CEO of COCOBOD by offering him an amount of GH₵25,000” on October 10, 2014. One of the main issues in the trial is the nature and form of the Lithovit fertilizer that was introduced to COCOBOD, what was tested by the Cocoa Research Institute of Ghana (CRIG) and what was later supplied to COCOBOD for distribution to farmers.
While witnesses of the prosecution have all insisted that the product that was tested and certified was powder in form, there are records pointing to the fact that COCOBOD under the management of Dr. Opuni procured Lithovit liquid fertilizer which was never tested by CRIG, according to the prosecution.
The investigator during his evidence in chief told the court that investigations by the FFU revealed that in 2013, Agricult Ghana Limited through its CEO introduced Lithovit foliar fertilizer which was in powdered form together with its Material Safety Data Sheet (MSDS) to COCOBOD. He said on May 15, 2013, COCOBOD forwarded the fertilizer together with its MSDS to CRIG for testing.
From: Wilberforce A. Asare
