‘The living God whom I serve has cursed all my enemies and persecutors’ – Former COCOBOD CEO

He believes that the Almighty God, whom he serves, has ensured his vindication by setting him free after the state dropped all criminal charges in the COCOBOD case at the High Court.

Speaking to the media after his acquittal and discharge, Dr. Opuni who was hammered but remained unbroken expressed his belief that his freedom could only be the work of the Almighty God, who did not allow him to be disgraced despite every attempt by his enemies to have him imprisoned.

“All I want to say is that all power and authority belong to the Almighty God and not to human beings. And I will add that the living God whom I serve has disgraced and cursed all my enemies, my persecutors, and my destiny haters.”

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.

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.”

Enam Loh-Mensah, a State Attorney told the High Court that the Attorney General has instructed that the charges be withdrawn and same has been filed.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lord respectfully, the Attorney General has instructed that the charges against the accused persons in this matter be withdrawn.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. Stephen Opuni and Seidu Agongo pleaded not guilty to willfully causing a financial loss of GH¢217.3 million to the state.

They were arraigned on 27 charges, including 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 others.

Dr. Opuni and Agongo, the Managing Director of agrochemical firm Agricult Ghana Limited, were taken to court by the Attorney General for allegedly engaging in an illegal fertilizer deal (Lithovit Liquid Fertilizer), which resulted in the financial loss to COCOBOD.

Both pleaded not guilty to the charges and were granted self-recognizance bail of GH¢300,000 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 substantiate the charges against the accused persons.

Among these witnesses was Chief Inspector Thomas Prempeh Mercer, the investigator, whose testimony, along with those of other witnesses, was extensively cross-examined by the defense lawyers, with some cross-examinations lasting about six months.

Dr. Stephen Opuni opened his defense on December 3, 2021, with a former Director of Finance at COCOBOD, Charles Tetteh Dodoo, as his first witness. He went on to call 10 other witnesses, including farmers and end users of the fertilizer.

On February 13, 2023, Dr. Opuni, through his lawyers led by Samuel Codjoe, informed the High Court, presided over by Justice Clemence Honyenuga (a Justice of the Supreme Court, now retired), that he would not personally testify and would close his defense. His legal team stated that since they were satisfied with the evidence provided by the witnesses, Dr. Opuni would exercise his right not to testify personally.

During this period, Justice Honyenuga retired after a six-month extension but was unable to conclude the trial amid controversies.

Fresh Trial

On April 4, 2023, the newly assigned judge, Justice Kwasi Anokye Gyimah, ruled that he would not adopt the proceedings of the retired Justice Honyenuga due to controversies surrounding them but would instead start the trial afresh (de novo).

He ordered that the trial be restarted from scratch, stating that it would be unfair for him to adopt proceedings that were “saddled with numerous allegations.”

“It would be unfair for the court to ignore the allegations and adopt the previous proceedings as they are,” Justice Gyimah ruled.

“In order for the court to have firsthand information about the trial and the demeanor of witnesses, the court will start the trial de novo,” he added.

Justice Gyimah also emphasized that an accused person is entitled to fairness by law and that the presumption of innocence should not be overlooked.

Reversal of Fresh Trial

On July 3, 2023, a three-member panel of the Court of Appeal overturned the decision of the trial judge to restart the trial.

The panel directed that the proceedings and evidence from the previous trial under Justice Honyenuga be adopted.

Subsequently, Justice Kwasi Anokye Gyimah was transferred from Accra to Kumasi, and Justice Aboagye Tandoh, now a Justice of the Court of Appeal with additional responsibilities as a High Court judge, was assigned to preside over the case.

Agongo’s Witnesses

Businessman Seidu Agongo and his company, Agricult Ghana Limited (the 2nd and 3rd accused), have begun calling their witnesses to present their defense.

The ninth witness, Dr. Samuel Akoto Bamford, a Principal Research Scientist with the Nuclear and Allied Sciences Department at the Ghana Atomic Energy Commission, is currently in the witness box.

As part of his testimony, Dr. Bamford stated that the test report from the Ghana Standards Authority, which is being relied upon to prosecute Dr. Stephen Opuni and Seidu Agongo, is “unreliable” and would be graded one out of ten in terms of credibility.