By AccraLIVE
The thorough searches, including a reported excavation for alleged stolen items, carried out at the residence of the former head of the Ghana Cocoa Board (COCOBOD), Stephen Kwabena Opuni, became a focal point during his trial at the Accra High Court last Wednesday.
In the course of cross-examination, Dr. Opuni’s counsel, Samuel Codjoe, questioned a witness about the multiple searches conducted at his client’s official residence in Accra and family house in Dorma Ahemkro, asking whether any stolen items were discovered.
The witness, Paul Agyei Gyang, a Senior Operational staff at the Economic and Organised Crime Office (EOCO), acknowledged that nothing was found during the searches. However, he rejected the assertions made by counsel that investigators conducted an excavation at Mr. Opuni’s house in search of stolen items.
In March 2018, Dr. Opuni and Seidu Agongo, the CEO of Agricult Ghana Limited, an agrochemical company, were brought to court.
The state prosecutors allege that the two caused a financial loss of over GH¢271 million to the state in a series of transactions involving Lithovit Foliar fertilizer.
According to the prosecution, the fertilizer was substandard, and Agongo is accused of using fraudulent means to sell it to COCOBOD for distribution to cocoa farmers.
Additionally, Dr. Opuni is accused of leveraging his position as the CEO of COCOBOD (November 2013 to January 2017) to facilitate Agongo’s alleged actions by allowing the Lithovit fertilizer to bypass testing and certification as required by law.
Dr. Opuni and Agongo have entered pleas of not guilty to 24 charges, encompassing offenses such as wilfully causing financial loss to the state, defrauding by false pretence, contravening procurement laws, corruption of a public officer, and manufacturing fertilizer without registration.
Both individuals are currently on self-recognizance bail, each in the amount of GH¢300,000.
Searches
Mr. Gyang is testifying as a defense witness for Agongo, having been subpoenaed by the court following a request from the businessman’s legal team.
In the course of cross-examination, Mr. Codjoe aimed to demonstrate that the searches carried out at his client’s premises during the 2017 investigations were exceptionally thorough, to the extent that even the room of Dr. Opuni’s deceased mother was searched without due regard to tradition.
According to the defense counsel, his client was not granted access to his phone during the searches. Furthermore, he asserted that there was no advance notice given for the searches, and Dr. Opuni’s legal representatives were not permitted to accompany him during the process.
In response, the witness countered that the investigative team had obtained Dr. Opuni’s consent before conducting the searches, and the former cocoa executive was accompanied by his lawyer throughout the entire duration.
Mr. Gyang also explained to the court that providing prior notice to Dr. Opuni before executing the searches would have been contrary to best practices in investigative procedures.
Here are excerpts from the interaction between the witness and counsel:
Mr Codjoe: When the investigative team conducted these searches, nothing was found which were connected to the allegations under investigations. Is that not so?
Mr Gyang: Yes, nothing was found on the premises connected to the allegations under investigations.
Mr Codjoe: Before the search, you did not give him prior notice of this search but he was informed on the day of the searches when he was in the company of his lawyers at EOCO.
Mr Gyang: I would not be surprised. Because as part of the best practices in investigations, it was only proper that he was told on the very day in the presence of his lawyer.
Hearing continues at the court, presided over by Justice Aboagye Tandoh.
Source/graphic.com.gh/Accralive.com/Ebenezer Junior Arthur.
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