The current Director of Research at Ghana Cocoa Board (COCOBOD), Dr. Francis Baah has maintained that no cocoa farmer ever drank lithovit liquid fertilizer in place of water as claimed by third prosecution witness, Dr. Yaw Adu-Ampomah.

Though the prosecution relied heavily on the allegation by Dr. Yaw Adu-Ampomah whose committee report largely formed the basis for the ongoing trial, the state failed to produce even one farmer to confirm that claim in court or to contest the efficacy of lithovit fertilizer on their farms.

Dr. Francis Baah who was the Executive Director of Cocoa Health and Extension Division (CHED), the arm of COCOBOD that deals directly with farmers, during the period that COCOBOD procured lithovit fertilizer for farmers, stressed that his outfit had regular interactions with farmers as well as farmers’ agents, but the issue of someone drinking lithovit never came up.

He told the High Court in Accra hearing the trial of former COCOBOD Chief Executive, Dr. Stephen Opuni and businessman Alhaji Seidu Agongo, that if such a serious issue was ever raised, he would have ensured that it was “documented” for the attention of COCOBOD management.

“While you were the executive director of CHED, did you ever get any complaint from anybody, the people in the distribution chain that any farmer in anywhere saying that Lithovit was like water and they have been drinking it?” counsel for Seidu Agongo, Benson Nutsukpui asked the witness in his evidence in chief.

“My Lord no, no such in information was brought to my knowledge,” Dr. Francis Baah told the court on Tuesday, March 19.

The former Executive Director of CHED had in his earlier testimony to the court confirmed the content of a report based on field visits to cocoa farms in April 2015, where farmers told his technical officers about their preference for lithovit fertilizer over other fertilizers.

He himself told the court that judging by what was observed on the field, he would choose lithovit over other fertilizers because it increased the yields of farmers.

On Tuesday, counsel for Mr. Agongo successfully tendered in evidence another document, which is the annual report of the CODAPEC and HITECH unit for the 2014/15 cocoa season dated 28th September 2016.

The document also contains a review of the challenges of the previous year's activities as well as the development of modalities and procedures for the implementation of the 2014/15 CODAPEC/HITECH program.

According to Dr. Baah, those who participated in the review meeting included the Deputy Chief Executive (Agronomy and Quality Control) of COCOBOD, the Executive Director of CHED, other management members of CHED, the Intelligence Unit of COCOBOD, and CODAPEC/HITECH Unit.

The review meeting, as established in court, also focused on the CODAPEC/HITECH distribution of 656,040 litres of lithovit liquid fertilizer to five cocoa regions – Ashanti, Brong Ahafo, Eastern, Central, and Volta – covering a total area of 966,020 hectares.

“In the year under review, CHED and all the other entities involved in the distribution chain, nobody had come to complain to you about the farmers who own these hectares of farms having any issues with lithovit for that period, that is correct,” the witness was asked.

Dr. Baah answered, “My lord, none that I can recall”.

The witness reiterated that though the review focused mainly on the challenges, no challenge or issues about lithovit liquid fertilizer “was brought to my notice, attention or knowledge”.

Counsel insisted, “Look through exhibit 139 and see if there was any challenge or issues relating to lithovit that came out at the review meeting that reviewed the period under 2014/15”.

The Director of Research at COCOBOD emphasized, “My Lord I have quickly perused the document I cannot find any complaint”.

“Concluding, on page 12, the review was satisfied that the CODAPEC and HITECH activities went well in the year,” counsel pointed out to the witness.

“Yes my Lord it is captured in paragraph 7 of page 12,” Dr. Baah stressed.

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 pretences, willfully causing financial loss to the state, corruption by public officers and contravention of the Public Procurement Act.

Find below excerpts of Tuesday’s proceedings

Q. Please turn to page 8 of Exhibit 138, you have the report from the Western North region

A. Yes my Lord

Q. It states that the team comprises the deputy technical manager and a technical officer is that correct?

A. That is correct

Q. And this team embarked on a four-day trip to the Western North?

A. Yes my Lord

Q. The team was joined by the regional manager of CHED?

A. Yes my Lord

Q. This team reported on black pod incident that they found, it's correct

A. My Lord, that is correct

Q. Indeed the team visited farms in cocoa district in Western North, that is correct

A. My Lord that would be correct, given the table presented on page 8

Q. They visited Dadiesu, Akontonbra, Juaboso, Boako, and Sehwi Bekwai, that is correct

A. Yes my Lord

Q. They also reported on taking measurements of farms 5 to 11 years farms, that is correct

A. They didn't do the measurements, they assessed the progress of the measurements

Q. On page 11, they also reported that the fertilizer used in Western North was Sidalco and not lithovit, that is also correct

A. My Lord that is correct

Q. A suggestion was made in this court by PW1 Dr. Franklin Amoah that CHED had no business preparing this report of April 15, would that be right

A. My Lord, that would not be right. My Lord that would represent his misunderstanding of the functions of CHED. If we go to the field and we do not write a report, then there would be no evidence that we have been to the field

Q. On page 13, it headed field visit to monitor nurseries field, operations and prospects for the light crop season cocoa in the Brong Ahafo region, that is correct Sir

A. Yes my Lord

Q. And the team comprises deputy executive director (M&E) and a technical officer

A. Yes my Lord

Q. Do you know the deputy executive director who embarked on this field visit

A. Yes I do

Q. Please what is his name?

A. My Lord, his name was Mr. Peter Okyere Boateng

Q. The team listed all the 5 districts in the region visited, that is correct

A. Yes my Lord

Q. They visited Bechem, then Berekum, Dormaa Ahenkro, Nkrankwanta, Goaso and Sankore

A. Yes my Lord

Q. They reported on monitoring of progress on a nursery site

A. Yes my Lord

Q. They showed pictures of the nursery site they saw

A. That is correct my Lord

Q. They took pictures from the nursery site at Akrodie and Chera

A. Yes my Lord

Q. They also inspected new and rehabilitated land that was under preparation for cocoa cultivation

A. Yes my Lord

Q. And they also monitored the performance of farms sprayed with lithovit liquid fertilizer?

A. Yes my, it is stated here

Q. And they also took pictures of the heavy pods they saw on the Lithovit sprayed farms

A. My Lord, that is what was captured on page 16

Q. Is it the case that your team went on a normal field trip when they came with this field report

A. Yes my Lord, this report is the outcome of the field visit, and it is part of the monitoring and evaluation team

Q. When your team went on the field visit which culminated in this report, was it to do lithovit liquid fertilizer a favour

A. I don't think they went out on a normal field trip to do any particular product a favour

Q. Was it to do lithovit a favour?

A. My Lord, I was not part of the team, but I would be very surprised if that was the case

Q. Were you yourself and the monitoring team from the monitoring and evaluation department ordered or directed to prepare this report, exhibit 138, to favour lithovit

A. My Lord, no one directed me and I believe same applied to my team to go to the field to prepare this report

Q. Please go to page 17, the outbreak of caterpillars on some cocoa farms, which was observed in Dormaa and Nkrankwanta was reported on in exhibit 138

A. Yes my Lord

Q. And again, pictorial evidence was provided

A. Yes my Lord, there are two pictures on page 17

Q. Page 18 even showed some pictures of the caterpillars on some farms being sprayed with insecticides

A. Yes my Lord, I can see picture number 13 on page 18 individual with spraying costume with spraying machine at the back spraying

Q. Where was this picture taken?

A. The caption shows that this picture was taken at Brofoyedru

Q. If you go to number 3.6, the various teams interacted with CHED officials

A. Yes my Lord. This represents the routine when any team goes to the field

Q. On page 19, In fact, your team warned all CHED staff strictly against taking money from farmers, that you will not spare the rod, and deal with anybody who was caught taking money from the farmers

A. That is correct. My Lord during my tenure, a number of staff appointments were terminated for taking money from farmers in the performance of their duties

Q. Also, you warned your staff against pilfering the CODAPEC HITECH products - the agrochemicals and fertilizers

A. My Lord, it is captured in the report on page 19

Q. Would you say Exhibit 138, is a true reflection of the event that was captured in it on these field trips from the 7th to 26th of April?

A. Yes, that represents a true reflection of what was captured

Q. You have in your hand, a document and a letter forwarding the document

A. That is correct

Q. The document is the annual report of the CODAPEC and HITECH unit for 2014/15 cocoa season, that is correct

A. Yes, my Lord

Q. The forwarding letter is dated 28th of September 2016

A. That is correct my Lord

Q. And the letter is referenced CHED/ MS/2/volume 3/02 is that correct?

A. Yes my lord, the document has that reference number

Q. And the letter is signed by Dr. Francis Baah, the executive director who happens to be your good self?

A. Yes my Lord

Benson: My Lord we wish to tender the forwarding document through the witness

Prosecution: My Lord we have no objection

Codjoe: My Lord we don't have any objection

Court: CODAPEC/HiTECH report for 2014/15 dated 28th September 2016 is tendered in evidence through PW2(A2 and A3) in the view of no objection....same is admitted and marked as Exhibit 139/A2 and A3

Q. Sir, please look at the forwarding letter, who was it addressed to?

A. My Lord it was addressed to the deputy chief executive of Agronomy and quality control

Q. And that is the office you report to?

A. Yes my Lord

Q. When you send report to the deputy chief executive A and QC, it is for his consumption and for COCOBOD's management at his discretion

A. My Lord it is meant for his consumption

Q. Who was copied?

A. My Lord the deputy executive director of Monitoring and Evaluation and the manager of CODAPEC and HITECH

Q. What entails the position of manager of CODAPEC and HITECH

A. My Lord, the manager at the time is the head of the CODAPEC/ HITECH unit

Q. Turn to the cover of the report, it is dated September 2016, is that correct?

A. Yes

Q. Go to page 1 of the report, the first paragraph states that the program started with a review of the previous year's activities and the development of modalities and procedures for the implementation of the 2014/15 program, that is correct

A. My Lord that is correct

Q. And the review focused mainly on the challenges of the previous season

A. That is correct

Q. The system of distributing COCOBOD inputs directly to cocoa farmers was also the main issues discussed

A. Yes my Lord that is correct

Q. Also of serious concern of the review at the time, was the issue of monitoring and securing the input right from the head office from the farm gate, that was also a serious issue

A. Yes my Lord that was also an issue

Q. In this review, people who participated included your direct boss deputy chief executive of Agronomy and quality control

A. Yes my Lord

Q. Also, MMDCEs also took part. Who are the MMDCEs?

A. MMDCEs stands for metropolitan, municipal and district chief executives

Q. These MMDCEs are they all MMDCEs in Ghana?

A. No

Q. Which ones took part?

A. Those in the cocoa-growing districts or those whose administrative authority covers the cocoa-growing districts

Q. You also have representative from the intelligence unit that is also correct

A. That is correct, the intelligence unit of COCOBOD

Q. Then also the directors and managers of CHED and CODAPEC HITECH units also participated

A. Yes. My Lord two different things put together, the third paragraph of page one is talking about the engagement between the deputy chief executive of Agronomy and quality control, the CHED Executive Director and other management of CHED, and the intelligence unit and CODAPEC HITECH. This was a meeting to review the previous year's activities. The Fourth paragraph was a visit by the national coordinators to the MMDCEs with CHED staff

Q. So the MMDCEs did not take part in the CHED review meetings

A. They did not

Q. In your review, you listed out the total quantity of fertilizers that were distributed in the year under review

A. My Lord 1.2 on page 2 of exhibit 139 is not a review, it is making a statement of fact, stating the quantities which were distributed in 2014/15

Q. Included in that 1,211,344 litres of liquid (foliar fertilizers) that is correct

A. Yes my Lord

Q. In this report when CHED talks about foliar fertilizers it meant liquid fertilizers that is correct

A. Yes my Lord

Q. Please go to page 3, is true that evacuation and distribution of fertilizers started in May 2015 and were completed in August 2015 of CODAPEC HITECH?

A. Yes my Lord

Q. The evacuation was carried out under the supervision of the COCOBOD Intelligence unit, national security and BNI (now NIB ) and staff of CHED, that is true

A. Yes my Lord

Q. And the distribution at the district and community levels was by the district task force

A. My Lord that is correct

Q. So the farmers' agents, how do they relate with the district task force?

A. My Lord the district task force supervise the distribution of the inputs from the cocoa district capital to the cocoa communities and then the cocoa farms

Q. The extensive network listed plays a role in the delivery of HiTECH goods (fertilizers) to the farmers

A. Yes my Lord that is correct

Q. While you were the executive director of CHED, did you ever get any complaint from anybody, the people in the distribution chain that any farmer in anywhere saying that Lithovit was like water and they have been drinking it

A. My Lord no, no such information was brought to my knowledge

Q. Indeed, while you were the executive director, all information about fertilizers that came to your attention, you asked that it should be documented

A. My Lord, all inputs distribution ought to be documented and not only fertilizers

Q. So, did you ask them to document all information about inputs that came to your knowledge

A. Yes my Lord

Q. At the review meeting, CHED reported on the distribution of liquid fertilizers that were made to the regions in 2014/15, page 42

A. My Lord the distribution of the fertilizers and the other inputs as captured in table 2b on page 4 is not the outcome of a review meeting, but the actual quantity that CODAPEC allocated or distributed for 2014/15.

Q. The report only shows the activities under review that is 2014/15

A. My Lord that is correct

Q. Table 2b shows that in the year under review, 2014/15 two liquid fertilizers lithovit and Sidalco were distributed to some regions, that is correct

A. Yes that is correct

Q. Indeed, the year under review, Ashanti had 252,480 litres of Lithovit

A. Yes my Lord,

Q. Brong Ahafo in the same year under review 141,600 litres of Lithovit

Q. Central had 105,960 litres of Lithovit

A. Yes my Lord

Q. Eastern 148,800 litres of Lithovit

A. Yes my Lord

Q. Volta 7,200

A. Yes my Lord

Q. You also indicated the hectares that were covered by the Lithovit fertilizer that was distributed to those regions

A. Yes my Lord, and Sidalco fertilizer as well

Q. Indeed, Ashanti was covered by over 126,240 hectares

A. Yes my Lord

Q. Brong Ahafo over 708,800 hectares

A. Yes my Lord

Q. Central 52,980 hectares

A. Yes my Lord

Q. Eastern 74,400 hectares

A. Yes my Lord

Q. Voltage 3,600 hectares

A. Yes my Lord

Q. In the year under review, CHED and all the other entities involved in the distribution chain, nobody had come to complain to you about the farmers who own these hectares of farms having any issues with lithovit for that period, that is correct

A. My lord, none that I can recall

Q. Indeed the review is focused mainly on the challenges in the year under review and this review from the beginning to page 22, did not mention any challenge or issue with lithovit liquid fertilizer

A. Yes my Lord, none that was brought to my notice, attention or knowledge

Q. Look through exhibit 139 and see if there were any challenges or issues relating to lithovit that came out at the review meeting that reviewed the period under 2014/15

A. My Lord I have quickly perused the document I cannot find any complaint

Q. Sir, the review exhibit 139 covered the CHED activities through the CODAPEC and the HiTECH unit for the year under review

A. No my Lord, rather CHED and CODAPEC activities which were undertaken in the year under review

Q. Concluding, page 12 the review was satisfied that the CODAPEC and HITECH activities went well in the year

A. Yes my Lord it is captured in paragraph 7 of page 12

Q. Where CHED officers were implicated in incidents of theft, they were dealt with

A. Yes my Lord

Q. You had the issue of some farmers also selling agro products to agro-chemical dealers and you resorted to doing more farmer education

A. Yes my Lord

Q. And all this was under the period review

A. Yes my Lord

Q. Sir, you know Dr. Franklin Amoah

A. Yes

Q. He told this honourable court that, "I told this honourable court that during the transitional era when Dr. Baah was interrogated told the transitional team that Lithovit liquid induced prolific flowering on cocoa. Indeed he stated that farmers prefer Lithovit to granular fertilizers Dr. Baah stated" Is that the true reflection of what transpired at the transitional committee

A. Yes I think I can recall making a statement like that

Q. Sir do you still stand by that statement which was attributed to you by Dr. Amoah

A. My Lord, on the basis of what I was told by the farmers when I went to the field.