Ex-CRIG boss dismantles State’s claim against Lithovit Fertiliser

The immediate past Executive Director of COCOBOD's Cocoa Research Institute of Ghana (CRIG) has maintained that no single person can solely test and issue certificates for agrochemicals and machinery at the Institute.

Dr Gilbert Anim Kwapong said that "nobody ever attempted" to persuade him to sign or renew certificates for agrochemicals and machinery.

He stressed that agrochemical certificates are issued by a team of qualified scientists at CRIG in accordance with the institute's norms and procedures.

The former COCOBOD Chief Executive, Dr Stephen Opuni and businessman Seidu Agongo, as well as Agricult Ghana Limited, have been facing 27 charges, including defrauding by false pretense, willfully causing financial loss to the state, corruption by public officers and contravention of the Public Procurement Act in the purchase of Lithovit liquid fertiliser between 2014 and 2016.

It is also the case of the state that the accused persons conspired to procure untested lithovit liquid fertilizer, which the prosecution described as substandard.

But Dr Anim Kwapong, who retired from CRIG, the research division of COCOBOD, on December 11, 2022, whilst under cross-examination led by the counsel for the second and third accused persons, Benson Nutsukpui, on December 4, 2023, took the court through the rigorous testing and renewal regime at CRIG, which he indicated makes it impossible for the accusation levelled against the accused to stand.

The witness, who personally renewed the certificate of lithovit liquid fertilizer, said agrochemicals are renewed after they have passed the requisite test in the field and the laboratory under the supervision of the Committee for Testing Chemicals and Machines (CTCM).

This exercise includes random sampling from farmers’ agro-input shops and Ghana Cocoa Board’s warehouses.

Dr Anim Kwapong, said it is also true that data on agrochemicals regarding efficacy, easy application, user discomfort/ side effects, correct packaging (including weight and volume), proper labelling and farmers/sprayers’ views, suggestions and comments are all evaluated in that exercise.

He noted that where a product fails to meet the evaluation criteria, a comprehensive report is issued justifying the need to withdraw a certificate covering that product.

“And it is also true that scientists at CRIG are all very educated and knowledgeable in their fields. That is correct,” the witness was asked and he answered in the affirmative, “My Lord it is correct”.

“The job requires that scientists obtain a terminal degree,” he added to explain why there are a lot of PhDs on the list of scientists working at CRIG.

He was further asked, “While you were the executive director, did you have cause to doubt the integrity of the members of the CTCM?”

Dr Anim Kwapong responded, “My Lord not at all”.

The witness also stressed that “to the best of my knowledge it is not possible” for any single member of the CTCM to evaluate, assess, renew, and issue a renewal certificate for any agrochemical or machine.

“After a product has been tested and recommendations written, that report contains information for the attention of the Ghana Cocoa Board. Based upon the approval of COCOBOD CRIG is directed to issue a certificate for the product. Once the product goes through the field upon certification, that certificate requires a renewal after a year, it is during the period when that product is on the field that the evaluation team goes to the field leading to their assessment for the renewal of the certificate for the new season. The evaluation report that comes to me enables me to sign the renewed certificate,” he explained to the court.

“So in other words, it is the evaluation done by the scientists that form the basis for the renewal of the signed certificate,” lawyer Benson Nutsukpui asked.

“That’s correct my Lord,” he responded.

The witness was also asked whether in exercising his power to renew the certificate, he was influenced by other persons or directives outside the information provided to him based on the work of the scientists.

His answer was “My Lord not at all”, stressing that “nobody ever attempted” to influence him, including the second and third accused persons.

Find excerpts of the cross-examination below

Q. Sir, you are Gilbert John Anim Kwapong, that is correct

A. My Lord that is correct

Q. In 2018 you were 55 years old that is also correct

A. My Lord that is also correct

Q. In fact you are a native of Breman Asikumah

A. my Lord that is correct

Q. You were a director by 7th January 2018

A. My Lord I was a director

Q. Sir, when you were the chief executive at CRIG you dealt with matters relating to chemicals and machines testing and issuing of certificate at CRIG

A. My Lord in 2018 I left CRIG, I left CRIG in January 2017

Q. My question is when you were the executive director at CRIG, you dealt with chemicals and machines testing and issuing of certificates at CRIG, that is correct

A. My Lord we worked together as team and at the end I signed the certificates.

Q. The CTCM oversees and coordinate the testing of agrochemicals and machines at CRIG, that is correct

A. My Lord that is correct

Q. Sir, it is also true that this committee was long in existence before you were appointed the Director in September 2014

A. My Lord that is correct

Q. It is true that at CRIG at the end of the product evaluation, the report of the testing of the product are submitted to CTCM for critical examination of the procedure, that is correct

A. My Lord that is correct

Q. And once the committee is satisfied with the outcome of the trial and the report, the recommendations are forwarded to the executive director for review and onward submission to Ghana cocoa board, that’s correct.

A. My Lord that is correct

Q. Now, is it also true that generally upon the approval of COCOBOD of the recommendations made in the report submitted, CRIG is directed to issue certificate for the product

A. My Lord that is also correct

Q. When the letter is received from Ghana cocoa board, directing CRIG to issue certificate, the long standing practice at CRIG,… executive director to refer the letter to the deputy executive director in charge of cocoa to initiate action on the issuance of certificate, that is also true

A. That is correct

Q. The deputy executive director who has oversight responsibility for the CTCM then directs the chairman of the CTCM to prepare the certificate, that is true

A. My Lord that is true

Q. And this procedure is because the CTCM consist of scientists involved in the testing and they have the data, that is correct

A. My Lord that is true

Q. And the Chairman of the CTCM would then provide details including the name, composition of the product in the case of agrochemicals to Mr. Roland Nyarko, secretary to the executive director.

A. My Lord that is correct

Q. The Chairman of the CTCM then directs Mr. Roland Nyarko to print and embossed the letter and submit certificate to the executive director for signature

A. My Lord that is correct

Q. Sir, for the purpose of emphasis, (A2 stands up and moves forward), when you were the executive director of CRIG, did you ever meet A2

A. My Lord I did not know him

Q. Did you by anytime in your life at COCOBOD know A2

A. My Lord I did not know him neither did I meet him anywhere

Q. Until this court room have you ever set eyes on A2

A. No

Q. Have you ever met any official of A3 – Agricult Ghana ltd

A. My Lord no.

Q. So it is true that the testing of agrochemicals and machines and the issuance of the certificates at CRIG have always been team work. That is correct

A. My Lord that is correct

Q. And no one individual, can solely test, and issue certificate in respect of agrochemicals and machines at CRIG

A. My Lord per the rules and procedures at CRIG that is correct

Q. It is true that CRIG has policy in renewing certificate for all COCOBOD approved agrochemicals and machines on annual basis, that is correct

A. After the chemicals and machines have passed the requisite test in the field and in the laboratory, a renewal is recommended and the certificate is renewed

Q. Sir, this renewal is annually that is correct

A. My Lord that is correct

Q. And the policy of renewal is to ensure that the efficacy and the performance of the product supplied at all times remain the same as the original product or products recommended, that’s correct

A. My Lord that is correct

Q. Sir it is true that to this end, a rapid reassessment and evaluation of all pesticides, fertilizers and spraying machines are conducted for the basis of the renewal of certificates that’s correct

A. My Lord that is correct

Q. Sir, it is also true that monitoring of recommended agrochemicals and spraying machines are continuously done through service, random sampling from farmers agro input shops and Ghana cocoa board warehouses

A. My Lord the process he has described is correct

Q. Sir, it is also true that data on agrochemicals regarding efficacy easy application, user discomfort/ side effect, correct packaging (including weight and volume), proper labelling and farmers/sprayers’ views, suggestions and comments are all evaluated.

A. My Lord that is correct

Q. And it is true that the results of the survey are collaborated on the laboratory testing on the sample to renew or withdraw certificate for the continuing agrochemicals

A. My Lord that is correct

Q. It has been the practice for the CTCM, and the scientists to hold the Data on reevaluated products at all time.

A. My Lord that is also correct

Q. And where a product fails to meet the evaluation criteria, a comprehensive report is issued justifying the need to withdraw certificate covering that product

A. My Lord that is correct

Q. And this report is prepared by the CTCM for the attention of management

A. My Lord that is correct

Q. Is it true that CODAPEC and HITECH products have evaluation report prepared on them, that is also correct

A. My Lord that is correct

Q. Indeed the CODAPEC and HITECH product evaluation report for 2015 was released in 2016, that is correct

A. My Lord that is correct

Q. You were the executive director at the time Sir

A. My Lord that is correct

Q. So it went under your hand

A. My Lord that is correct

Q. Do you own a copy of that report

A. My I don’t have a copy

Q. But you can identify it when you see it

A. Yes my Lord

Q. The evaluation report which went under your hand at the time, did not remain only at CRIG but was sent to COCOBOD

A. My Lord that is correct

Q. Now, so the practice of renewal has always been team work and not that of any single individual

A. My Lord that is correct

Q. Now, when COCOBOD is done the evaluation and assessment, the company that owns the product applied for renewal

A. My Lord that is correct

Q. And upon receipt of that request the CTCM on the instructions of deputy executive director cocoa would collaborate with the account division to raise invoices for the company to pay, that is correct

A. My Lord that is correct

Q. And when the payment is effected, the CTCM initiate the process to renew the certificate that is correct

A. My Lord that is correct

Q. It is true that the secretary of the executive director keeps records, a list of all the products and companies, names of the products and the date on which the certificates were issued to them.

A. My Lord that is correct

Q. The same secretary also keeps records of the names and signatures of the persons from the company who collected the certificates on behalf of the companies. That is true sir.

A. My Lord that is true

Q. Sir, it is also true that the account division of CRIG also keep records payments made for certificates renewal at CRIG

A. My Lord that is true

Q. Sir, from your background, from first degree you proceeded to do your PhD that is correct

A. My Lord that is correct

Q. And it is also true that scientists at CRIG are all very educated and knowledgeable in their fields. That is correct

A. My Lord it is correct

Q. And just by the way, is it by design that I saw a lot of PhDs on the list of scientists working at CRIG

A. The job requires that scientists obtain a terminal degrees

Q. Some also have two masters degrees

A. My Lord probably right

Q. And Sir, is it also true that most of the scientists at CRIG has years of experience on the job

A. My Lord that is true

Q. While you were the executive director, did you have cause to doubt the integrity of the members of the CTCM

A. My Lord Not at all

Q. Can any single member of the CTCM evaluate, assess, renew, and issue a renewal certificate of any agrochemical or machine, can that be done

A. My Lord to the best of my knowledge that is not possible

Q. Again issuing of certificate, renewal is also by team work

A. My Lord that is true

Q. As the executive director , you personally also has a responsibility of reviewing the agrochemicals and machines evaluation report when they are brought to you before signing the certificate

A. That is correct

Q. And you always satisfy yourself that you are comfortable with the information before signing

A. My Lord that is correct, but please with your permission I want to explain this. After a product has been tested and recommendations written, that report contains information for the attention of the Ghana cocoa board. Based upon the approval of COCOBOD CRIG is directed to issue a certificate for the product. Once the product goes through the field upon certification, that certificate requires a renewal after a year, it is during the period when that product is on the field that the evaluation team go to the field leading to their assessment for the renewal of certificate for the new season. The evaluation report that comes to me enables me to sign the renewed certificate.

Q. So in other words, it is the evaluation done by the scientists that form the basis for the renewal of the signed certificate

A. That’s correct my Lord

Q. Kindly tell this court, in exercising your power to renew the certificate, are you influenced by other persons or directives outside the information you have before you.

A. My Lord not at all

Q. A2 and A3 have never in anyway or whatsoever attempted or influenced your signing of any renewal certificate throughout your tenure as the executive director of CRIG, that is correct

A. My Lord, nobody ever attempted