Opuni Fertilizer Case: Heated Debate Over Duration Of Fertilizer Test Period

There was back and forth banter during the hearing of the case involving the former Chief Executive Officer (CEO) of the Ghana Cocoa Board (COCOBOD), Dr. Stephen Opuni, over the number of months used in the testing of the Lithovit Foliar fertiliser.

According to one of the defence lawyers, Samuel Cudjoe, who was cross-examining a scientist with the Cocoa Research Institute of Ghana, (CRIG), Dr. Alfred Arthur, who conducted the test, said, per the breakdown given by the latter, he used five months.

The scientist, however, insisted that he did not use five months for raising and experimenting with the seedlings, but six months.

He further explained that he used mid-July to September in raising the seedlings, and a period of three months to do the nursery work. However, he said both periods were two different works which cannot be summed up like the lawyer was insisting.

He said: “My Lord, the raising of seedlings began by late July, so by September they were two months old, that is when the first data and treatment application were done.”

“I am putting it to you that two months plus three months gives you five months, and any other addition to make it six months is an abuse of mathematics.”

Dr. Arthur: No that is not correct in terms of raising cocoa seedlings.

Dr. Arthur, during yesterday's cross-examination by Samuel Cudjoe, also insisted that he was called back from a trip to produce the test report on the Litovit Foliar fertiliser.

According to him, the then Executive Director of CRIG, Dr. Franklin Amoah, called him to submit the report although he was away on a trip.

The lawyer then said Dr. Arthur was being untruthful to the court when he said that Dr. A.A. Afrifa called him for the report, because he readily submitted it after his examination, not because he was called. He explained that, on January 12, 2018, at CRIG, one of the investigators in the case from the Police Criminal Investigation Department (CID) called Nana Oppong asked him about how the report on the test on the lithovit was given to Mr. A.A. Afrifa, and he explained to him how he was called back from a trip to submit it.

The former COCOBOD CEO and CEO of Agricult Ghana Limited, Seidu Agongo, are facing 27 charges, including defrauding by false pretence, wilfully causing financial loss to the state, money laundering, corruption by a public officer, and contravention of the Public Procurement Act.

They have pleaded not guilty and granted GH¢300,000 each self-recognisance bail by the court.

Below are excerpts of the cross-examination.

1. In fact, you have other soil scientists in you division (Soil Science Division, one of whom is Jerome Dugbatey?
2. Yes my Lord.
3. I believe you know Jerome Dugbatey was employed by CRIG?
4. Yes.
5. Dr., in your statement which you gave several to the police, and also in court you stated in the statement that you sprayed the two-month-old cocoa seedling or trees or plants for three consecutive months, isn't it?
6. They were sprayed on two months old cocoa seedlings for three consecutive months.
7. In fact, you added that after this, that was the end of the end of your experiment or test?
8. That was the end of the experiment of application and not the trial application.

Q.You said the period of testing the fertiliser in the nursery usually takes 4 to 6 months?

1. Yes.
2. Take a look at exhibit 'A' it is a letter dated 13 May 2013 on the testing of Lithovit. Mr Afrifa never told you to go for the Lithovit as you claimed he did?
3. No my lord, he told me to go for it.

Q.He gave you the lithovit and you never brought it back to him as you claim.

1. That is not correct.
2. You are being untruthful to the court?
3. That is not correct.
4. You did the nursery test?
5. Yes my lord.
6. On 4th July 2017 you gave another statement to EOCO?
7. Yes.
8. You know the last author of the report is A.A Afrifa, and he is the only person who can take the report to the Executive Director of CRIG?
9. Yes.
10. Dr., you remember when giving your evidence to this court you said that at the end of every week and month you took data of the height, grit and other characteristics of the seedlings?
11. No my Lord, what I said was that data was taken or collected on five monthly bases.
12. If you say five monthly bases, what you mean is that at the end of a specific period you collect the data as and when the experiment was going on?
13. Yes my Lord.
14. Dr. Arthur, then you would agree with your colleague Jerome Dugbatey when giving the statement to the police, and also before the court, that at the time he was employed in November 2013 at CRIG the nursery experiment being conducted by you was over?
15. That is not correct.
16. But, Dr., you will however agree with me that when you add two months plus three months you will have five months?
17. Yes.
18. So, Dr., if you state that the seedlings were raised for two months, and you worked on it for three months, then the total nursery work was five months…?
19. No, the experiment began in July, and the raising started by late July, so by September they were two months old, and that is when the first data and treatment application were done. The last data was collected in late July, that's why I said six months.
20. In your statement, as you have affirmed to this court, they were written to be understood by ordinary investigators isn't it?
21. Yes, my lord.
22. In fact, in all your statements you make it very clear that your then Head of Division, A.A. Afrifa, was the lead scientist, isn't it?
23. Yes, my Lord.
24. In fact, you also state unambiguously that you were given a specific task to do, and that is the nursery work?
25. Yes, my lord.
26. You also added that A.A Afrifa, your head of division then, could also have given other aspects of the work to other scientists?
27. Yes, my lord.
28. In fact, you added that after the lead scientist has received reports from the various scientists under his division, the lead scientist will then write the report?
29. Yes, my Lord.
30. Then in all your statements you also mentioned that when you finished with your work you gave your report to the lead scientist, A.A. Afrifa?
31. No, what I said was that he called for the reports.