Computer system crash forces adjournment of Opuni’s case

The Criminal High Court presided over by Justice Clemence Honyenuga, a Supreme Court Judge sitting with additional responsibility as a High Court Judge, yesterday adjourned the case of the Republic versus Stephen Opuni, Seidu Agongo and another to Monday 17 January 2022 because the computer system in the court for documenting proceedings had crashed.

The court was expected to continue with the hearing of the evidence-in-chief of the first defence witness yesterday.

Justice Honyenuga told the parties in the case that upon arrival in the chamber of the court, he was informed that the hard disk in the systems unit of the computer installed in the court had crashed and so it would be practically impossible to continue with proceedings.

To that end, the court indicated that it was forced to adjourn for a week with the hope that the technical team of the Judicial Service would be able to resolve the issue within the next one week.

Background

Dr Stephen Opuni, former Chief Executive Officer of Ghana Cocoa Board, and Seidu Agongo, managing director of Agricult Ghana Limited, are on trial for allegedly causing financial loss to the state to the tune of GHC217 million.

They have been accused of the purchase and supply of Lithovit fertilizer, which the state submitted was done in contravention of several laws. The two are facing a total of 27 charges, including defrauding by false pretence, wilfully causing financial loss to the state, money laundering, corruption by a public officer and contravention of the Public Procurement Act.

The two pleaded not guilty to all the charges and were admitted to a bail of GH¢300,000 self-recognizance bail each by the court at the beginning of the trial.

According to the facts of the case, Dr Opuni, on 10 October 2014, while he was the CEO of COCOBOD, agreed to permit his conduct to be influenced by an amount of GH₵25,000.

His co-accused, Agongo, has also been accused of endeavouring to influence the conduct of Stephen Kwabena Opuni in the performance of his duties as the CEO of COCOBOD by offering him an amount of GHC25,000 on 10 October 2014.

One of the main issues in the trial is the nature and form of the Lithovit fertilizer that was introduced to COCOBOD, what was tested by the Cocoa Research Institute of Ghana (CRIG) and what was later supplied to COCOBOD for distribution to farmers.

While witnesses of the prosecution have all insisted that the product that was tested and certified was powder in form, there are records pointing to the fact that COCOBOD under the management of Dr Opuni procured Lithovit liquid fertilizer which was never tested by CRIG, according to the prosecution.

The investigator, during his evidence in-chief, told the court that investigations by the FFU revealed that, in 2013, Agricult Ghana Limited through its CEO introduced Lithovit foliar fertilizer which was in a powder form together with its Material Safety Data Sheet (MSDS) to COCOBOD.

He said on 15 May 2013, COCOBOD forwarded the fertilizer together with its MSDS to CRIG for testing.