Former Chief Executive of Ghana Cocoa Board (COCOBOD), Dr. Stephen Kwabena Opuni, businessman, Seidu Agongo, and Agricult Ghana Limited have been acquitted and discharged of all criminal charges in the COCOBOD case by the High Court.
This was after the State Prosecutors upon the instructions of the Attorney General filed a Notice of withdrawal on Tuesday, January 28, 2025 to drop all charges against them.
The former Chief Executive of Ghana Cocoa Board (COCOBOD), Dr. Stephen Kwabena Opuni, and businessman, Seidu Agongo have been in Court since March 25, 2018.
The presiding judge, Justice Aboagye Tandoh upon hearing the Prosecution acquitted and discharged.
“Accordingly, the accused persons – Dr. Stephen Kwabena Opuni, Seidu Agongo, and Agricult Ghana Limited – are all acquitted and discharged of all charges leveled against each one of them,” Justice Aboagye Tandoh, a Justice of the Court of Appeal who is presiding over the case as an additional High Court judge delivered.
While relying on Section 59 of act 30 of the Criminal Procedure and other offences Act,particularly (iii), the Court said “after the case for the prosecution has been closed, the accused shall be acquitted in respect of the offence or offences.”
On Tuesday January 28, Enam Loh-Mensah, a State Attorney told the High Court that the Attorney General has instructed that the charges be withdrawn and same has been filed.
“My lord respectfully, the Attorney General has instructed that the charges against the accused persons in this matter be withdrawn. Pursuance to this the republic has filed a notice of withdrawal,” Enam Loh Mensah, a State Attorney informed the Court on Tuesday (January 28, 2025).
Samuel Codjoe, Counsel for Dr Opuni and Benson Nutsukpui, counsel for Seidu Agongo both confirmed to the Court presided over by Justice Aboagye Tandoh that they were been served with the notice of withdrawal.
Background
On March 25, 2018, Dr. Opuni and Seidu Agongo pleaded not guilty to willfully causing GhȻ217.3 million financial loss to the state.
They were arraigned on a combined 27 counts ranging from willfully causing financial loss to the state, abetment of fraud, defrauding by false pretense, money laundering, corruption by a public officer and contravention of the Public Procurement Act, among other charges
Dr. Opuni and Agongo, the Managing Director of agrochemical firm, Agricult Ghana Limited, were dragged to court by the Attorney- General, for allegedly acting illegally in a fertilizer deal (Lithovit Liquid Fertilizer) that cost COCOBOD the said amount.
They both pleaded not guilty to the charges and are on a GH¢300,000.00 self-recognizance bail each.
On March 29, 2021, the prosecution led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa closed its case after calling seven witnesses to prove the charges against the accused persons.
The seven Witnesses who include Chief Inspector Thomas Prempeh Mercer, the investigator, were extensively cross-examined by defence lawyers, some spanning about six months.
Dr. Stephen Opuni on December 3, 2021 opened his defence with a former Director of Finance at COCOBOD, Charles Tetteh Dodoo as his first witness.
He went on to parade 10 other witnesses among whom are farmers and end users of the fertilizer.
On February 13, 2023, Dr Opuni through his lawyers led by Samuel Codjoe, told the High Court presided over by Justice Clemence Honyenuga a Justice of the Supreme Court now retired, that his client will not personally testify, and that, they will close their defence.
He said as indicated earlier to the Court, if satisfied with the evidence of the witnesses, Dr Opuni would exercise his right not to testify personally.
With that period, Justice Honyenuga retired after six months extension but could not conclude the trial amidst controversies.
Fresh trial
On April 4, 2023, the new judge assigned to the case – Justice Kwasi Anokye Gyimah ruled that he will not adopt the proceedings of the retired Justice Honyenuga due to its controversies but will start the trial afresh (De novo).
He ordered for re-start from scratch, said it would be unfair for him to adopt a proceeding that was “saddled” with numerous allegations.
“It would be unfair for the court to ignore the allegations and adopt the previous proceedings as it is,” the judge ruled.
“In order for the court to have a first hand information of the trial and the demeanor of witnesses, the court will start the trial ‘De Novo’” the new judge said.
Justice Gyimah also pointed out that, an accused person was by law required fairness and that presumption of innocence should not be over looked by the court.
Trial afresh reverse
On July 3, 2023, a three member panel of the Court of Appeal overturned the decision of the trial judge to start the trial afresh.
The panel directed for the proceedings and evidence led under the previous Judge Justice Hornyenugah to be adopted.
Fast forward, Justice Kwasi Anokye Gyimah was transferred from Accra to Kumasi while Justice Aboagye Tandoh, now a Justice of the Court of Appeal presiding over the case with additional responsibility as a High Court judge assigned with the case.
Agongo’s Witnesses
Businessman Seidu Agongo and his company Agricult (2nd and 3rd Accused) are calling their witnesses to put out their defence.
The ninth of their witnesses- a Principal Research Scientist with the Nuclear and Allied Sciences at the Atomic Energy Ghana, Dr Samuel Akoto Bamford is in the Witness Box.
As part of his testimony he said the test report from the Ghana Standards Authority being relied on to Prosecute Dr Stephen Kwabena Opuni and businessman Seidu Agongo as “unreliable,” and will grade it one over ten.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah who was in Court reports that by dropping the charges means that both Dr Opuni and Seidu Agongo have been cleared of all the charges and will no longer appear in Court in respect of the sane charges.
