The current Director of Research at the Ghana Cocoa Board (COCOBOD), Dr Francis Baah, has maintained that no cocoa farmer ever drank lithovit liquid fertilizer in place of water, as claimed by the third prosecution witness, Dr Yaw Adu-Ampomah.
Though the prosecution relied heavily on Dr Yaw Adu-Ampomah’s allegation, whose committee report largely formed the basis for the ongoing trial, the state failed to produce even one farmer to confirm that claim in court or to contest the efficacy of lithovit fertilizer on their farms.
Dr Francis Baah, who was the Executive Director of Cocoa Health and Extension Division (CHED)- the arm of COCOBOD that deals directly with farmers- during the period that COCOBOD procured lithovit fertilizer for farmers, stressed that his outfit had regular interactions with farmers as well as their agents, but the issue of someone drinking lithovit never came up.
He told the High Court in Accra, hearing the trial of former COCOBOD Chief Executive Dr. Stephen Opuni and businessman Alhaji Seidu Agongo, that if such a serious issue was ever raised, he would have ensured that it was “documented” for the attention of COCOBOD management.
“While you were the executive director of CHED, did you ever get any complaints from anybody, the people in the distribution chain, that any farmer anywhere was saying that Lithovit was like water, and they have been drinking it?” Benson Nutsukpui, counsel for Seidu Agongo, asked the witness in his evidence in chief.
“My Lord, no, no such information was brought to my knowledge,” Dr. Francis Baah told the court on Tuesday, March 19.
The former Executive Director of CHED had, in his earlier testimony to the court, confirmed the content of a report based on field visits to cocoa farms in April 2015, where farmers told his technical officers about their preference for lithovit fertilizer over other fertilizers.
He himself told the court that, judging by what was observed on the field, he would choose lithovit over other fertilizers because it increased farmers’ yields.
On Tuesday, counsel for Mr. Agongo successfully tendered in evidence another document, which is the annual report of the CODAPEC and HITECH units for the 2014–15 cocoa season, dated September 28, 2016.
The document also contains a review of the challenges of the previous year’s activities as well as the development of modalities and procedures for the implementation of the 2014/15 CODAPEC/HITECH program.
According to Dr Baah, those who participated in the review meeting included the Deputy Chief Executive (Agronomy and Quality Control) of COCOBOD, the Executive Director of CHED, other management members of CHED, the Intelligence Unit of COCOBOD, and the CODAPEC/HITECH Unit.
The review meeting, as established in court, also focused on the CODAPEC/HITECH distribution of 656,040 litres of lithovit liquid fertilizer to five cocoa regions—Ashanti, Brong Ahafo, Eastern, Central, and Volta—covering a total area of 966,020 hectares.
“In the year under review, CHED and all the other entities involved in the distribution chain, nobody had come to complain to you about the farmers who own these hectares of farms having any issues with lithovit for that period; that is correct,” the witness was asked.
Dr Baah answered, “My Lord, none that I can recall.”
The witness reiterated that though the review focused mainly on the challenges, no challenge or issue about lithovit liquid fertilizer “was brought to my notice, attention or knowledge”.
Counsel insisted, “Look through Exhibit 139 and see if there was any challenge or issue relating to lithovit that came out at the review meeting that reviewed the period under 2014/15”.
The Director of Research at COCOBOD emphasized, “My Lord, I have quickly perused the document. I cannot find any complaint”.
“Concluding, on page 12, the review was satisfied that the CODAPEC and HITECH activities went well in the year,” counsel pointed out to the witness.
“Yes, my Lord, it is captured in paragraph 7 of page 12,” Dr. Baah stressed.
The former COCOBOD Chief Executive, Dr Stephen Opuni and businessman Seidu Agongo, as well as Agricult Ghana Limited, have been facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the state, corruption by public officers and contravention of the Public Procurement Act.
Find below excerpts of Tuesday’s proceedings.
Q. Please turn to page 8 of Exhibit 138; you have the report from the Western North region.
A. Yes, my Lord
Q. It states that the team comprises the deputy technical manager and a technical officer; that is correct?
A. That is correct
Q. And this team embarked on a four-day trip to the western north.
A. Yes, my Lord
Q. The team was joined by the regional manager of CHED.
A. Yes, my Lord
Q. This team reported on a black pod incident that they found; it’s correct.
A. My Lord, that is correct
Q. Indeed, the team visited farms in the cocoa district in the western north; is that correct?
A. My Lord, that would be correct, given the table presented on page 8
Q. They visited Dadiesu, Akontonbra, Juaboso, Boako, and Sehwi Bekwai; that is correct?
A. Yes, my Lord
Q. They also reported on taking measurements of farms 5 to 11 years old; that is correct?
A. They didn’t do the measurements; they assessed the progress of the measurements.
Q. On page 11, they also reported that the fertilizer used in Western North was Sidalco and not lithovit; that is also correct.
A. My Lord, that is correct
Q. A suggestion was made in this court by PW1 Dr. Franklin Amoah that CHED had no business preparing this report of April 15, Would that be right?
A. My Lord, that would not be right. My Lord, that would represent his misunderstanding of the functions of CHED. If we go to the field and we do not write a report, then there would be no evidence that we have been to the field.
Q. On page 13, it headed field visit to monitor nurseries field, operations and prospects for the light crop season cocoa in the Brong Ahafo region; that is correct Sir?
A. Yes, my Lord
Q. And the team comprises deputy executive director (M&E) and a technical officer
A. Yes, my Lord
Q. Do you know the deputy executive director who embarked on this field visit?
A. Yes, I do
Q. Please, what is his name?
A. My Lord, his name was Mr Peter Okyere Boateng
Q. The team listed all 5 districts in the region visited; that is correct
A. Yes, my Lord
Q. They visited Bechem, then Berekum, Dormaa Ahenkro, Nkrankwanta, Goaso and Sankore
A. Yes, my Lord
Q. They reported on monitoring of progress on a nursery site
A. Yes, my Lord
Q. They showed pictures of the nursery site they saw
A. That is correct, my Lord
Q. They took pictures from the nursery site at Akrodie and Chera
A. Yes, my Lord
Q. They also inspected new and rehabilitated land that were under preparation for cocoa cultivation
A. Yes, my Lord
Q. And they also monitored the performance of farms sprayed with lithovit liquid fertilizer
A. Yes my Lord, it is stated here
Q. And they also took pictures of the heavy pods they saw on the Lithovit sprayed farms
A. My Lord, that is what was captured on page 16
Q. Is it the case that your team went on a normal field trip when they came with this field report?
A. Yes, my Lord, this report is the outcome of the field visit, and it is part of the monitoring and evaluation team
Q. When your team went on the field visit, which culminated in this report, was it to do lithovit liquid fertilizer a favour?
A. I don’t think they went out on a normal field trip to do any particular product a favour
Q. Was it to do lithovit a favor?
A. My Lord, I was not part of the team, but I would be very surprised if that was the case.
Q. Were you, yourself and the monitoring team from the monitoring and evaluation department ordered or directed to prepare this report, Exhibit 138, to favour lithovit
A. My Lord, no one directed me, and I believe the same applied to my team to go to the field to prepare this report
Q. Please go to page 17; the outbreak of caterpillar on some cocoa farms, which was observed in Dormaa and Nkrankwanta, were reported on in exhibit 138
A. Yes, my Lord
Q. And again, pictorial evidence was provided
A. Yes, my Lord, there are two pictures on page 17
Q. Page 18 even showed some pictures of the caterpillars on some farms being sprayed with insecticides.
A. Yes, my Lord, I can see picture number 13 on page 18: an individual with a spraying costume and a spraying machine at the back.
Q. Where was this picture taken?
A. The caption shows that this picture was taken at Brofoyedru
Q. If you go to number 3.6, the various teams interacted with CHED officials
A. Yes, my Lord. This represents the routine when any team goes to the field
Q. On page 19, In fact, your team warned all CHED staff strictly against taking money from farmers, that you would not spare the rod and deal with anybody who was caught taking money from the farmers.
A. That is correct. My Lord, during my tenure, a number of staff appointments were terminated for taking money from farmers in the performance of their duties
Q. Also, you warned your staff against pilfering the CODAPEC HITECH products – the agrochemicals and fertilizers
A. My Lord, it is captured in the report on page 19
Q. Would you say exhibit 138 is a true reflection of the event that was captured in it on these field trips from the 7th to 26th of April?
A. Yes, that represents a true reflection of what was captured
Q. You have in your hand a document and a letter forwarding the document
A. That is correct
Q. The document is the annual report of the CODAPEC and HITECH unit for 2014/15 cocoa season; that is correct
A. Yes, my Lord
Q. The forwarding letter is dated September 28, 2016
A. That is correct, my Lord.
Q. And the letter is referenced CHED/ MS/2/volume 3/02; that is correct
A. Yes, my Lord, the document has that reference number
Q. And the letter is signed by Dr. Francis Baah, the executive director, who happens to be your good self.
A. Yes, my Lord
Benson: my Lord, we wish to tender the forwarding document through the witness
Prosecution: my Lord, we have no objection
Codjoe: my Lord, we don’t have any objection
Court: CODAPEC/HiTECH report for the 2014/15 date September 28,
2016, is tendered in evidence through PW2(A2 and A3) in the view of no objection….same is admitted and marked as Exhibit 139/A2 and A3
Q. Sir, please look at the forwarding letter. Who was it addressed to?
A. My Lord, it was addressed to the deputy chief executive of Agronomy and quality control
Q. And that is the office you report to
A. Yes, my Lord
Q. When you send a report to the deputy chief executive A and QC, it is for his consumption and for COCOBOD’s management at his discretion
A. My Lord, it is meant for his consumption
Q. Who were copied?
A. My Lord, the deputy executive director Monitoring and Evaluation and the manager CODAPEC and HITECH
Q. What entails the position of manager CODAPEC and HITECH?
A. My Lord, the manager at the time is the head of the CODAPEC/HITECH unit
Q. Turn to the cover of the report; it is dated September 2016, that is correct
A. Yes
Q. Go to page 1 of the report, the first paragraph stated that the program started with a review of the previous year’s activities and the development of modalities and procedures for the implementation of the 2014–15 program; that is correct?
A. My Lord, that is correct
Q. And the review focused mainly on the challenges of the previous season
A. That is correct
Q. The system of distributing COCOBOD inputs directly to cocoa farmers was also the main issues discussed
A. Yes, my Lord, that is correct
Q. Also of serious concern of the review at the time was the issue of monitoring and securing the input right from the head office from the farm gate; that was also a serious issue
A. Yes, my Lord, that was also an issue
Q. In this review, people who participated included your direct boss, deputy chief executive of agronomy and quality control
A. Yes, my Lord
Q. Also, MMDCEs also took part. Who are the MMDCEs?
A. MMDCEs stands for metropolitan, municipal and district chief executives
Q. These MMDCEs, are they all MMDCEs in Ghana?
A. No
Q. Which ones took part?
A. Those in the cocoa growing districts or those whose administrative authority covers the cocoa growing districts.
Q. You also have a representative from the intelligence unit, that is also correct?
A. That is correct; the intelligence unit of COCOBOD.
Q. Then also, the directors and managers of CHED and CODAPEC HITECH units participated
A. Yes, My Lord, two different things put together, the third paragraph of page one is talking about the engagement between the deputy chief executive Agronomy and quality control, the CHED Executive Director and other management of CHED, and the intelligence unit and CODAPEC HITECH. This was a meeting to review the previous year’s activities. The Fourth paragraph was a visit by the national coordinators to the MMDCEs with CHED staff.
Q. So the MMDCEs did not take part in the CHED review meetings?
A. They did not
Q. In your review, you listed out the total quantity of fertilizers that were distributed in the year under review
A. My Lord 1.2 on page 2 of exhibit 139 is not a review; it is a statement of fact, stating the quantities which were distributed in 2014/15
Q. Included in that 1,211,344 litres of liquid (foliar fertilizers), that is correct
A. Yes, my Lord
Q. In this report, when CHED talks about foliar fertilizers, it means liquid fertilizers; that is correct?
A. Yes, my Lord
Q. Please go to page 3; it is true that evacuation and distribution of fertilizers started in May 2015 and completed in August 2015 of CODAPEC HITECH
A. Yes, my Lord
Q. The evacuation was carried out under the supervision of the COCOBOD Intelligence unit, national security and BNI (now NIB ) and staff of CHED; that is true?
A. Yes, my Lord
Q. And the distribution at the district and community levels was by the district task force
A. My Lord, that is correct
Q. So, the farmers’ agents, how do they relate with the district task force?
A. My Lord, the district task force supervise the distribution of the inputs from the cocoa district capital to the cocoa communities and then the cocoa farms
Q. The extensive network listed plays a role in the delivery of HiTECH goods (fertilizers) to the farmers.
A. Yes, my Lord, that is correct
Q. While you were the executive director of CHED, did you ever get any complaint from anybody, the people in the distribution chain, that any farmer anywhere saying that Lithovit was like water and they have been drinking it?
A. My Lord, no, no such information was brought to my knowledge.
Q. Indeed, while you were the executive director, all information about fertilizers that came to your attention was asked to be documented.
A. My Lord, all inputs distribution ought to be documented and not only fertilizers
Q. So, did you ask them to document all information about inputs that came to your knowledge?
A. Yes, my Lord
Q. At the review meeting, CHED reported on the distribution of liquid fertilizers that were made to the regions in 2014/15, page 42
A. My Lord, the distribution of the fertilizers and the other inputs, as captured in Table 2b on page 4, is not the outcome of a review meeting but the actual quantity that CODAPEC allocated or distributed for 2014/15.
Q. The report only shows the activities under review, that is, 2014–15
A. My Lord, that is correct
Q. Table 2b shows that in the year under review, 2014/15, two liquid fertilizers, lithovit and Sidalco, were distributed to some regions; that is correct
A. Yes, that is correct
Q. Indeed, the year under review, Ashanti had 252,480 litres of Lithovit.
A. Yes, my Lord,
Q. Brong Ahafo, in the same year under review, 141,600 litres of Lithovit.
Q. Central had 105,960 litres of Lithovit.
A. Yes, my Lord
Q. Eastern 148,800 litres of Lithovit.
A. Yes, my Lord
Q. Volta 7,200
A. Yes, my Lord
Q. You also indicated the hectares that were covered by the Lithovit fertilizer that was distributed to those regions.
A. Yes, my Lord, and Sidalco fertilizer as well
Q. Indeed, Ashanti was covered by over 126,240 hectares
A. Yes, my Lord
Q. Brong Ahafo, over 708,800 hectares
A. Yes, my Lord
Q. Central: 52,980 hectares
A. Yes, my Lord
Q. Eastern 74,400 hectares
A. Yes, my Lord
Q. Voltage 3,600 hectares
A. Yes, my Lord
Q. In the year under review, CHED and all the other entities involved in the distribution chain, nobody had come to complain to you about the farmers who own these hectares of farms having any issues with lithovit for that period; that is correct
A. My Lord, none that I can recall
Q. Indeed, the review is focused mainly on the challenges in the year under review, and this review from the beginning to page 22 did not mention any challenge or issue about lithovit liquid fertilizer
A. Yes, my Lord, none that was brought to my notice, attention or knowledge
Q. Look through Exhibit 139 and see if there was any challenge or issue relating to lithovit that came out at the review meeting that reviewed the period under 2014/15
A. My Lord, I have quickly perused the document, and I cannot find any complaint
Q. Sir, the review exhibit 139 covered the CHED activities through the CODAPEC and the HiTECH unit for the year under review
A. No, my Lord, rather CHED and CODAPEC activities which were undertaken in the year under review
Q. Concluding, page 12, the review was satisfied that the CODAPEC and HITECH activities went well in the year
A. Yes, my Lord, it is captured in paragraph 7 of page 12
Q. Where CHED officers were implicated in incidents of theft, they were dealt with
A. Yes, my Lord
Q. You had the issue of some farmers also selling agro-products to agrochemical dealers, and you resorted to doing more farmer education
A. Yes, my Lord
Q. And all this was under the period review
A. Yes, my Lord
Q. Sir, you know Dr. Franklin Amoah
A. Yes
Q. He told this honourable court that “I told this honourable court that during the transitional era when Dr. Baah was interrogated he told the transitional team that Lithovit liquid induced prolific flowering on cocoa. Indeed, he stated that farmers prefer Lithovit to granular fertilizers. Dr. Baah stated,” Is that the true reflection of what transpired at the transitional committee
A. Yes, I think I can recall making a statement like that
Q. Sir, do you still stand by that statement which was attributed to you by Dr Amoah
A. My Lord on the basis of what I was told by the farmers when I went to the field.