Opuni, Agongo freed - State drops charges
After almost seven years of trial, a former Chief Executive of the Ghana Cocoa Board (COCOBOD), Dr Stephen Kwabena Opuni, and businessman, Seidu Agongo, walked free from the High Court yesterday after the Attorney-General and Minister of Justice, Dr Dominic Ayine, withdrew the 27 charges against them.
The two were accused of causing financial loss of more than GH¢271 million to the state in a series of fertiliser deals during Dr Opuni’s tenure at COCOBOD.
When the case was called yesterday, the prosecution, led by State Attorney, Enam Mensah, informed the court, presided over by Justice Aboagye Tandoh of the Attorney-General’s decision to withdraw the case.
“My Lord, respectfully, the Attorney-General has instructed that the charges against the accused persons in this matter be withdrawn. Pursuant to this, the Republic has filed a notice of withdrawal,” she said.
Counsel for Mr Opuni, Samuel Cudjoe, confirmed receiving the notice of withdrawal under Section 29 of the Criminal and Other Offences (Procedure) Act, 1960 (ACT 30).
The relevant reference states that: “In any trial or preliminary proceedings before a District Court, a prosecutor, with the consent of the court, or on the instructions of the Attorney-General at any time before judgment is pronounced or an order of committal is made, may withdraw from the prosecution of a person generally or in respect of any one or more offences with which that person is charged”.
Counsel for Mr Agongo, Benson Nutsukpui, also confirmed receiving the notice of withdrawal.
Flowing the withdrawal, Justice Tandoh acquitted the accused persons in line with Section 59 (2)(b) (ii) of Act 30 which states that after the case for the prosecution has been closed, the accused shall be acquitted in respect of the offence or offences.
“The accused persons have been acquitted and discharged of all the charges against each one of them,” he said.
Justice Tandoh appreciated the accused persons for their commitment to come to court all the time and demonstrating their belief in the rule of law, as well as their belief in their innocence.
“You have all been consistent and that has to be appreciated by those of us who believe in the rule of law,” he said.
The court further ordered the Registrar of the High Court to facilitate the release of passports of the two, which had been deposited at the Criminal Investigation Department of the Ghana Police Service.
Reactions
Meanwhile, following his discharge, Dr Opuni remarked, “I will add that the living God I serve has disgraced, cursed all my enemies, my persecutors and destiny haters”.
Mr Agongo, on the other hand, described the prosecution as more than a story of survival.
“If I could endure and overcome the storm that raged for almost eight years, then, Insha Allah, the years ahead will be brighter and filled with the fulfilment of dreams long deferred,” he said.
Background
Dr Opuni, Mr Agongo and the Agricult Ghana Limited were standing trial for 27 charges of causing financial loss to the state, defrauding by false pretences, conspiracy to commit crime, abetment of crime, money laundering, corruption by public officer and contravention of the Public Procurement Authority (PPA) Act.
They were accused of causing a financial loss of over GH¢217 million to the state through the sale and purchase of the controversial lithovit liquid fertiliser, which the prosecution said was never tested.
The accused persons, who pleaded not guilty to the charges, had been on trial before a High Court in Accra since March 2018.
It was the case of the prosecution that the fertiliser was substandard and accused Mr Agongo of allegedly using fraudulent means to sell the fertiliser to COCOBOD for onward distribution to cocoa farmers.
The prosecution further accused Dr Opuni of using his position as CEO of COCOBOD (November 2013 to January 2017) to facilitate the alleged acts of Mr Agongo by allowing the lithovit liquid fertiliser not to be tested and certified as required by law.
They were on self-recognisance bail in the sum of GH¢300,000 each.
The prosecution, led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, called seven witnesses to prove the charges against the accused persons who were extensively cross-examined by defence lawyers, some lasting about six months.
It closed its case on March 30, 2021, and Dr Opuni opened his defence and went on to call 10 witnesses in his bid to raise a reasonable doubt to the prosecution’s case.
Dr Opuni closed his case in 2024 after calling 11 witnesses, including farmers who applied the fertiliser on their farms.
Dr Agongo was on his ninth defence witness, Dr Samuel Akoto Bamford, a scientific expert, who had challenged the analytical technique used in a report being relied on by the prosecution, describing it as unclear and ambiguous.
Trial
The case, which was originally before retired Justice Clemence Jackson Honyenuga, had travelled through the superior courts.
Following Justice Honyenuga’s retirement, Justice Kwasi Anokye Gyimah took over the case in April 2023 and ruled that the trial would re-start from scratch.
That decision was overturned by the Court of Appeal following an appeal by the Attorney-General.
Dr Opuni then appealed against the ruling of the Court of Appeal at the Supreme Court.
In June 2024, the Supreme Court, by a unanimous decision, dismissed the application seeking to start the trial of the two afresh.
Writer’s mail: justice.agbenorsi@graphic.com.gh