“I will add that the living God I serve has disgraced, cursed all my enemies, my persecutors and destiny haters,” those were the immediate reaction of Dr Stephen Kwabena Opuni as he walked a freeman on Tuesday (Jan 28, 2025) after almost seven years of trial.
The Attorney-General and Minister of Justice, Dr Dominic Akuritinga Ayine, withdrew the charges against the former Chief Executive of the Ghana Cocoa Board (COCOBOD), Dr Stephen Kwabena Opuni and businessman, Seidu Agongo.
The two were accused of causing financial loss of more than GH¢271 million to the state in a series of fertiliser deals during his tenure at COCOBOD.
When the case was called Tuesday, (Jan 28), 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lord respectfully, the Attorney-General has instructed that the charges against the accused persons in this matter be withdrawn.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 ACT 30.
It states, “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 Agongo, Benson Nutsukpui also confirmed receiving the notice of withdrawal.
Flowing the withdrawal, Justice Tandoh acquitted the accused persons in line with 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.
The Court also ordered the Registrar to facilitate the release of passports of the two which have been deposited at the Criminal Investigation Department of the Ghana Police Service
Background
Dr Opuni was standing trial with Seidu Agongo, Chief Executive Officer (CEO) of Agricult Ghana Limited, an agrochemical company.
State prosecutors accused the two of causing financial loss of more than GH¢271 million to the state in a series of lithovit foliar fertiliser transactions.
It was the case of the prosecution that the fertiliser was substandard, and has accused 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 Agongo by allowing the lithovit liquid fertiliser not to be tested and certified as required by law.
Dr Opuni and Agongo pleaded not guilty to the charges, and 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, closed its case on March 30, 2021.
That was after calling seven witnesses to prove the charges against the accused persons who were extensively cross-examined by defence lawyers, some spanning about six months.
Before the withdrawal of the charges, Dr Opuni, closed his case in 2024 after calling 11 witnesses including farmers who applied the fertiliser on their farms.
Seidu Agongo had called his ninth defence witness, Dr Samuel Akoto Bamford, who is a Scientific Expert, and had challenged the analytical technique used in a report being relied on by the prosecution, describing it as unclear and ambiguous.
