Court orders Opuni to open his defence
Dr Stephen Opuni a former CEO of COCOBOD has been charged with 27 counts, including causing financial loss to the state
An Accra High Court has ordered Stephen Opuni, a former chief executive officer of Ghana Cocoa Board (COCOBOD) and two others to open their defence because the State has established a prima face case against them.
According to Justice Clemence Hoyenuga, a Justice at the Supreme Court Judge sitting with additional responsibility as a High Court judge, the prosecution has succeeded in proving the essential ingredients in the charges levelled against the accused persons in all the 27 counts except for counts 22, 23, and 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 17 May for Opuni to open his defence.” 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 10 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 defence. I don’t know why they need the ruling before they can open their defence unless they intend to embark on a different course” Yeboah Dame said.
The presiding judge in refusing the application of the defence team for another date other than 17 May 2021, to open their defence, indicated that the case has taken almost three years and that he wants to “finish it as quickly 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 29 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 29 March 2021, 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 GHC217 million.
They are being accused of 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 pretence, 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 10 October 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, 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 GHC25,000 on 10 October 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 a powdered form together with its Material Safety Data Sheet (MSDS) to COCOBOD.
He said on 15 May 2013, COCOBOD forwarded the fertilizer together with its MSDS to CRIG for testing.
Wilberforce Asare
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