State witness exposed as accused person at COCOBOD trial

In an interesting twist in the ongoing COCOBOD trial, it has been revealed that Dr. Franklin Manu Amoah, the first prosecution witness, allegedly “circumvented procedures” during his tenure as the Executive Director of the Cocoa Research Institute of Ghana (CRIG).

His conduct has led to criminal proceedings against the former COCOBOD Chief Executive, Dr. Stephen Opuni, and businessman Seidu Agongo, as well as Agricult Ghana Limited, with him rather appearing as a state witness and strangely testifying against the three.

It has come to light that Dr. Amoah, without following established procedures, signed the first certificate for lithovit foliar fertilizer in 2014 without the approval of the Committee for Testing Chemicals and Machines (CTCM).

According to his successor, Dr. Gilbert Anim Kwapong, the CTCM holds the authority to grant permission for the executive director of CRIG to sign certificates for products. However, Dr. Amoah signed the certificate a week before formally requesting the CTCM to consider certifying the product.

This revelation raises questions about the adherence to protocols and established procedures during Dr. Amoah’s leadership at CRIG and is expected to be a focal point in the ongoing trial.

Dr. Opuni, Seidu Agongo, and Agricult have been facing 27 charges, including defrauding by false pretence, 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.

Throughout the trial, a picture was painted to suggest that there was just a day interval between a letter signed by Dr. Opuni in his capacity as the Chief Executive of COCOBOD and CRIG’s certification for lithovit foliar fertilizer, which the prosecution used as evidence of Dr. Opuni aiding Alhaji Agongo to defraud the state.

But it has been revealed in court that that record-sort of certification at CRIG was the handiwork of Dr. F.M. Amoah, who ironically testified against the accused persons with regards to his actions.

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Interestingly, CRIG’s official record indicates that the letter from the Chief Executive to Agricult, copied to CRIG to issue the certificate for lithovit foliar fertilizer, following CRIG’s recommendation to COCOBOD management to approve the product, was received on January 29, 2014, but Dr. F.M. Amoah had signed the certificate days ago.

“My Lord, that is the reason I’m looking for the letter [from COCOBOD to CRIG to issue a certificate for lithovit] and the minutes therein. My Lord yesterday when I asked for that document it was apparent that the document was not here, per the due diligence I do at Tafo for any certificate that I signed I keep electronic copies of, so yesterday when it became apparent I posted a copy of what I have to counsel and I can go ahead and narrate what is on it. My Lord, the letter addressed to the chief executive of Agricult Limited from COCOBOD and CRIG was copied and that letter was dated 21st January 2014. Per the certificate we have here, it was signed on 22nd January 2024, just a day after the letter was issued.

“My Lord, the letter, that is, CRIG’s copy, was received at CRIG on 29th of January 2014, 2014. On that very day, January 29, 2014, Dr. Amoah forwarded the letter to the chairman of the CTCM, apparently telling them to issue a certificate for the product. My Lord, they have already circumvented the procedure and the CTCM to issue and sign the certificate on January 22, 2014.

Seven days after he had signed that certificate, he instructed the CTCM to issue the certificate.

The chairman was on leave, so the deputy acting on his behalf indicated that a certificate could not be issued when they had not received a request from the supplier.

“So when the chairman resumed work after his leave around March 30th, 2014, he minuted the document back to Dr. Amoah, indicating that they were unable to issue the certificate because they were still awaiting a request from the company. In minutes 5, Dr. Amoah indicated that he had no objection. This letter was kept on file on that date until the company presented themselves for a certificate, and that was the certificate we issued in 2015 without knowledge of the certificate Dr. Amoah had issued in 2014.

Earlier, the prosecution led by Chief State Attorney Evelyn Keelson made a strenuous effort to prevent Dr. Kwapong, the 8th defence witness, from going into details of the letter the chief executive copied to CRIG, which exposes Dr. Amoah.

“Dr. Anim Kwapong, this long narration that you have given to the court of what supposedly happened in January 2014, you were not there,” the prosecution confronted the witness further.

“My Lord, that is so, but we keep documents for institutional memory, and we needed to track that document to sign the new request that has come to us,” he explained.

But Mrs. Keelson insisted, “I’m putting it to you that because you were not there, you didn’t know what actually had happened. And everything you are telling this court on the signing of exhibit D (the certificate issued for lithovit) is only a feeble attempt to justify the certificate you signed without any basis. I’m putting that to you.”

But the witness pointed out, “My Lord, that is not correct, and I will explain. My Lord, there was in place a CTCM before I assumed the role of acting executive director. All the members who signed on that document were at post and one is still the deputy executive director, Dr. Adu Acheampong. When the letter got to them, it was Dr. Adu Acheampong who indicated that they cannot issue a certificate without a formal request from the company, and that was conveyed to Dr. Amoah, who indicated he had no challenge. So a new request came to CRIG from the company and must go to the CTCM. They had to refer the document that gave the authorization for the issue because they had requested for the request to come to them. They went ahead and prepared the certificate for my signature [in 2015]. And also, before I sign, I have to see the document. So, my Lord, all that I’m saying is reality and not a conjecture. That is why I want that document to be seen by all.”

He also punched holes in how the scientists at CRIG wrote their report on the test result of lithovit foliar fertilizer. "So, my Lord, the scientists who did this work did a shoddy work,” he stressed.

He also analysed information on the Material Safety Data Sheet (MSDS) juxtaposed with a test report as well as the certificate of lithovit issued in 2014 to justify why the product is liquid and not powdery.

My Lord I have consistently said in this court and also at EOCO and the CID, lithovit is liquid foliar fertilizer. My Lord, I want to go back to the MSDS, which advises that one must avoid creating dust. I would ask how one can apply a powdery foliar fertilizer into the air without creating dust? And appropriately, who must apply that dust?