“All Power and Authority Belong to the Almighty, Not Humans” – Dr. Opuni Reacts as A-G Withdraws Charges
“I will add that the living God I serve has disgraced, cursed all my enemies, my persecutors, and destiny haters,” said Dr. Stephen Kwabena Opuni after being declared a free man on Tuesday, January 28, 2025. This marked the end of nearly seven years of legal proceedings against the former Chief Executive of the Ghana Cocoa Board (COCOBOD).
The Attorney-General and Minister of Justice, Dr. Dominic Akuritinga Ayine, formally withdrew all charges against Dr. Opuni and businessman Seidu Agongo.
Case Overview
The two were accused of causing financial loss of over GH¢271 million to the state through controversial fertiliser deals during Dr. Opuni’s tenure at COCOBOD.
When the case was called on Tuesday, 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.
“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lord respectfully, the Attorney-General has instructed that the charges against the accused persons in this matter be withdrawn.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,” said Ms. Mensah.
Legal Basis for Withdrawal
Counsel for Dr. Opuni, Samuel Cudjoe, confirmed receipt of the withdrawal notice, citing Section 29 of Act 30, which permits the Attorney-General to discontinue a prosecution at any stage before judgment or committal.
Similarly, Benson Nutsukpui, counsel for Seidu Agongo, confirmed receipt of the notice.
Following the withdrawal, Justice Tandoh acquitted and discharged both accused persons in accordance with Section 59 (2)(b)(ii) of Act 30, which mandates acquittal once the prosecution’s case is closed and no charges remain.
The court also ordered the release of their passports, which had been held by the Criminal Investigation Department of the Ghana Police Service.
Background
Dr. Opuni was accused alongside Seidu Agongo, CEO of Agricult Ghana Limited, of causing financial loss to the state through transactions involving lithovit foliar fertiliser.
Prosecutors claimed the fertiliser was substandard and alleged that Agongo used fraudulent means to sell it to COCOBOD for distribution to cocoa farmers. They also accused Dr. Opuni of bypassing required testing and certification procedures during his tenure as COCOBOD CEO from November 2013 to January 2017.
Both men pleaded not guilty and were on self-recognisance bail of GH¢300,000 each.
Trial Highlights
The prosecution, led by Director of Public Prosecutions Yvonne Atakora Obuobisa, called seven witnesses before closing its case on March 30, 2021. The defense extensively cross-examined these witnesses, with some cross-examinations lasting months.
Dr. Opuni called 11 witnesses, including farmers who testified to using the fertiliser on their farms, before closing his defense in 2024. Seidu Agongo presented nine witnesses, including Dr. Samuel Akoto Bamford, a scientific expert who challenged the prosecution’s evidence.
Conclusion
With the withdrawal of charges, Dr. Opuni and Mr. Agongo have been exonerated of all allegations. The case serves as a pivotal moment in the legal and political history of Ghana.