I never compromised procurement process at COCOBOD – Agongo tells investigators

The CEO of Agricult Ghana Limited, Mr. Seidu Agongo, has stated emphatically that he never paid his way through to secure any contracts to supply lithovit foliar fertilizer to COCOBOD between 2014 and 2016.

Mr. Agongo, who is standing trial together with former COCOBOD boss, Dr. Stephen Opuni, has been accused of influencing officials at COCOBOD to gain undue advantage over other suppliers.

But in his statement to the police CID which is Exhibit MM, the businessman wrote: “I have never done anything to compromise the procurement procedures of COCOBOD”.

Cross examining the 7th prosecution witness, Chief Insp. Thomas Prempeh Mercer on the subject matter, counsel for the first accused, Dr. Stephen Opuni, Samuel Cudjoe led the investigator to read portions of Mr. Agongo’s written statement to the police, which he denied any wrongdoing.

Mr. Agongo first told the police that “he could not readily remember” the GHC25,000 he is said to have paid into the account of the first accused.

Lawyer Cudjoe further noted, “In fact in this statement that is Exhibit MM, he stated categorically, ‘I cannot remember the exact purpose of the payment but I vaguely recalled paying him some money to cater for needy children he cares for’,” .

Chief Insp. Prempeh Mercer replied, “My Lord that is exactly so that is what I said.”

Meanwhile, in his statement on 28th November 2017 to the police, the first accused indicated that the GHC25,000 was his own money.

“When you interrogated 1st Accused as to the statement of 2nd Accused, he informed you that he does not have any NGO to cater for needy children, isn’t it,” the witness was asked and he answered in the affirmative, “My Lord that is so”.

Read excerpts of the cross examination on March 11

Q: Chief inspector contrary to your evidence at the last adjourned date of March 2021 and I am referring to page 8 (the last question on page 8) of the proceedings Dr Francis Baah gave another statement to the CID on the 16th of February 2018 isn’t it

A: My lone that is so Dr Francis Baah gave many statements so that will be one of them

Q: Can you have a look at this statement. this is the statement of the 16th day of February, 2018 isn’t it

A: Yes My Lord

Q: My Lord. I want to tender it through him

Document tendered not objected to accepted and marked as Exhibit 68.

Q: Chief Insp. in this statement Dr Baah was explicit that he was not instructed by anyone to request for any quantities of Lithovit fertilizer Isn’t it.

A: Yes My Lord

Q: The question is, in his statement he said it is the Finance Department which procures inputs for CODAPEC and HI-TECH, isn’t it

A: My Lord that is so

Q: Then he said CHED distributes the inputs which includes lithovit

A: yes My lord

Q: And he also said that CODAPEC HI-TECH operations was under one George Okone

A: Yes My Lord

Q: I am putting it to you that if indeed 1st Accused had any influence on determining whether Lithovit should be purchased Dr. Baahh having given a statement on lithovit would have mentioned that

A: My Lord that can obviously not be the case. Dr Baah in his statement, as counsel put it, stated clearly that the work of CHED was to distribute and make sure agro-chemicals including Lithovit get to the farmers. And has no inputs in the procurement of any agro-chemicals including Lithovit and so cannot put that in his statement.

Q: And he told you in his statement that in 2015, 2016 CHED had oversight administrative role over CODAPEC and HI-TECH, that is on the last three lines from the bottom, isn’t it

A: Yes My Lord.

Q: Then you would have definitely interrogated him on the role if any 1st Accused had in determining the quantities of Lithovit which was purchased.

A: My Lord that is not so. My Lord, CODAPEC HI-TECH will come out with the quantities of agro-chemicals to be bought for a particular cocoa season. My Lord in so doing they know that the agro chemical that has been introduced to them based on CRIG’s certificate approving of the agrochemical to be good in applying on cocoa. But what CODAPEC HI-TECH at the time did not know was that the Lithovit foliar fertilizer they were recommending if any for Cocobod to be bought has not been tested by CRIG and so they did not know all they know was to recommend for certain quantities of agrochemical to be bought. So My Lord, the bottom line is that HITEC and CODAPEC did not know that the 2014, 2015 and 2016 litovite fertilizer that COCOBOD purchased in addition to other ago chemicals had not been tested.

…

Q: in the first accused statement dated 18th January, 2018, thus exhibit LL3, he informed you that the procurement letter was produced by the procurement department and he only signed

A: No my Lord

Q: In the first Accused’s statement. If you can please read from the last two lines from the bottom from page 1 of Exhibit LL3 which is the statement dated the 18 day of January 2018

A: Witness reads page 1 of Exhibit

Q: So now the question is 1st Accused’s statement denied ever directing any Scientist to shorten the testing period for agro-chemicals.

A: My Lord, that is not so because our investigations proved the contrary

Q: He also in his statement i.e Exhibit LL3 informed you that he did not generate the procurement letter of 25th February 2014 and that the letter was written by the Procurement Unit

A: My Lord that can also not be true because our investigation also proved that the letter was not generated from the Procurement Unit. Because as we speak today we don’t know who generated that letter but we know the letter was signed by Al.

Q: Chief Insp. Prempeh, again in his statement on 28th day of November 2017 in his statement ie LL2 informed you on page 2 thus the 12th line from the bottom that the 25 thousand cedis that was paid into his account by the 2nd Accused was his own money which he gave to 2nd Accused to pay into his account Isn’t it

A: My Lord. that is also not so My Lord. A2 wrote in his statement that the GHc25.000.00 that he paid into A1’s Ecobank Account on the 10th of October, 2014 was money he paid into A1’s account to support him to take care of needy children

Q: In fact, I put it to you that A2 never stated so and the first explanation was that he could not readily remember what this GHc25.000 00 was for

A: My Lord. that is not so. My Lord, immediately after this statement that he did not remember he added that “I gave the money to him to take care of the needy”.

Q: In fact in this statement that is Exhibit MM, he stated categorically “I cannot remember the exact purpose of the payment but I vaguely recalled paying him some money to cater for needy children he cares for”.

A: My Lord that is exactly so that is what I said

Q: Then he added that “I have never done anything to compromise the procurement procedures of COCOBOD” Isn’t It.

A: My Lord that is also so.

Q: When you interrogated 1st Accused as to the statement of 2nd Accused, he informed you that he does not have any NGO to cater for needy children, isn’t it

A: My Lord that is so.

Q: At the last adjourned date i.e on the 1st of March 2021, you informed this court that you were not sure whether you took a statement from Kutsuati.

A: Yes indeed I said so

Q: I am putting it to you that you never spoke to him much more taking any statement from him.

A: My Lord Mr Kofi Kutsuati, the Deputy Executive in charge of operations at the time was one of some of the former officials that investigators could not meet to take statements from

Q: And I am also putting it to you that apart from the then Board Chairman, Daniel Ohene Agyekum you never spoke to any of the previous board members of Cocobod who were there during the tenure of 1st Accused

A: My Lord the investigations was centered on bringing out certain facts relating to a crime that had occasioned. Investigators will only speak to those who are connected to the case, those who had knowledge about the case and those from whom useful information could be obtained in the course of that particular investigation.