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Opuni Trial: Court strikes out A-G’s affidavit on perjury motion

By
Morkporkpor Anku, GNA

Accra, Jan 9, GNA –
An Accra High Court hearing the trial of Dr Stephen Opuni, the former CEO of
COCOBOD and Seidu Agongo, the CEO of Agricult Ghana Limited, has struck out
Attorney-General’s affidavit in opposition against a motion of perjury filed by
one of the accused.

Mr Samuel Cudjoe,
the Counsel for Dr Opuni has cited Dr. Yaw Adu-Ampomah, the third prosecution
witness in the trial for perjury.

When the case was
called on Thursday, Mr Cudjoe objected to the affidavit in opposition filed by
the State for the respondent Dr Adu-Ampomah.

The witness, who is
a Former Deputy Chief Executive Officer at COCOBOD in Charge of Agronomy and
Quality Control, had in his evidence-in-chief, in May 2019, told the court the
procurement practice at COCOBOD for fertilizers had always been by open tender.

This, he said, were
done through advertisement in the newspapers, where the product required was
specified, and interested companies, whose products have been tested and
certified by Cocoa Research Institute of Ghana, were required to support their
bids with documents.

Whilst the trial was
on going, Mr Cudjoe pointed out at least 18 contract documents which were
sole-sourced at COCOBOD under the signature of Mr Adu-Ampomah.

The witness however
stood his grounds and maintained that COCOBOD always engaged in competitive
tender and that sole sourcing can also be used to procure fertilizers at
COCOBOD.

Mr Cudjoe in his
objection said the State had no right to file an affidavit in opposition on
behalf of the respondent and that it was unconstitutional and breaches the
status quo.

He said the
respondent should be made to engage his own lawyer to respond to the motion.

“We are objecting to
the A-G representing the respondent in a quasi-criminal application such as the
application for the perjury,” he said.

He said it was their
submission that, the A-G representation or filing affidavit in opposition breaches
Article 88 (3) of the 1992 Constitution.

He said he was
unaware of the respondent’s filing of an affidavit in opposition but rather
sought to rely on the A-G’s own and that the A-G could not work against the
republic.

Mrs Stella
Ohene-Appiah, Principal State Attorney in her response said the A-G was
representing as an interested party and not for the respondent.

She said they were
duly served as an interested party and that has been indicated in paragraph
three of the affidavit in opposition.

“It is our
understanding that the respondent can aligned himself with our affidavit,” she
added.

It was on these
augments that Justice Clemence Honyenugah, an Appeal Court Judge, sitting as an
additional High Court Judge struck out the affidavit in opposition filed by A-G
on December 20, 2019.

He urged the
respondent to consult a lawyer to file the necessary documents to respond to
the perjury allegations.

Meanwhile, Nutifafa
Nutsukpui, who held brief for Benson Nutsukpui, Counsel for Agongo, commenced a
cross examination of Dr Adu-Ampomah.

Mr Nutsukpui asked
the witness, whether it was his evidence that in 2014 COCOBOD procured 700, 000
litres of liquid Lithovit fertilizer from Agricult Ghana Limited and he
answered in the affirmative.

“Is it your case that
in 2015, COCOBOD bought one million litres of the same product from Agricult
Ghana Limited,” he asked and the witness again answered in the affirmative.

The court adjourned
the trial to January 21 and the hearing of the perjury to January 28.

Dr Opuni and Mr
Agongo are facing 27 charges, including defrauding by false pretenses, wilfully
causing financial loss to the state, money laundering, corruption by public
officer and acting in contravention of the Public Procurement Act.

They have pleaded
not guilty and have been granted a GH¢300,000.00 each self-recognisance bail by
the Court.

GNA

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