State Withdraws Charges Against Opuni and Agongo in Lithovit Fertiliser Trial
The Attorney-General and Minister of Justice, Dr. Dominic Akuritinga Ayine, has officially withdrawn charges against Dr. Stephen Kwabena Opuni, the former Chief Executive Officer (CEO) of the Ghana Cocoa Board (COCOBOD), and businessman Seidu Agongo.
This development concludes nearly seven years of legal proceedings during which the two were accused of causing financial losses exceeding GH¢271 million to the state through fertiliser transactions during Dr. Opuni’s tenure at COCOBOD.
Court Proceedings
On Tuesday, January 28, 2025, when the case was called, State Attorney Enam Mensah, representing the prosecution, informed the court presided over by Justice Aboagye Tandoh of the Attorney-General’s decision.
“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lord respectfully, the Attorney-General has instructed that the charges against the accused persons in this matter be withdrawn.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,” Ms. Mensah stated.
Counsel for Dr. Opuni, Samuel Cudjoe, confirmed receipt of the withdrawal notice, citing Section 29 of Act 30, which allows prosecutors to withdraw charges with the court’s consent or on the instructions of the Attorney-General before judgment is pronounced.
Similarly, Benson Nutsukpui, counsel for Seidu Agongo, also acknowledged receipt of the notice.
Following the withdrawal, Justice Tandoh acquitted and discharged the accused persons, referencing Section 59 (2)(b)(ii) of Act 30, which mandates acquittal when prosecution is no longer pursuing the case.
“The accused persons have been acquitted and discharged of all the charges against each one of them,” the judge declared.
The court further ordered the Registrar to arrange for the release of the accused persons’ passports, which had been deposited with the Criminal Investigation Department of the Ghana Police Service.
Background
Dr. Opuni and Seidu Agongo, CEO of Agricult Ghana Limited, were accused of causing financial losses to the state through transactions involving lithovit foliar fertiliser.
The prosecution alleged that the fertiliser was substandard and claimed Agongo had fraudulently sold it to COCOBOD for distribution to cocoa farmers. It also accused Dr. Opuni of bypassing mandatory testing and certification procedures during his tenure as CEO from November 2013 to January 2017.
Both accused persons pleaded not guilty and were granted self-recognisance bail of GH¢300,000 each.
Trial Highlights
The prosecution, led by Director of Public Prosecutions Yvonne Atakora Obuobisa, called seven witnesses and concluded its case on March 30, 2021. The defense extensively cross-examined these witnesses over several months.
In 2024, Dr. Opuni closed his case after presenting 11 witnesses, including cocoa farmers who testified about using the fertiliser on their farms. Seidu Agongo had called nine witnesses, including Dr. Samuel Akoto Bamford, a scientific expert who challenged the prosecution’s analytical evidence, describing it as unclear and ambiguous.
Conclusion With the charges withdrawn, both Dr. Opuni and Mr. Agongo have been acquitted, bringing an end to the high-profile case.