Seidu Agongo has drilled Director of Finance of Ghana Cocoa Board (COCOBOD) Peter Osei Amoako for testifying against his company Agricult Ghana Limited and lithovit fertiliser.

To prove his case, Mr Agongo defence counsel Nutifafa Nutsukpui drilled the Mr Osei Amoako sixth prosecution witness at the court presided over by Supreme Court judge, Justice Clemence Honyenuga today.

Lawyer Nutifafa Nutsukpui to extract response from the witness asked the following questions, in which answers were provided:

Q. Sir, for how long did you work as account manager with COCOA Marketing?
A. One year four months
Q. How about quality control company limited?
A. Two years, three months.
Q. Have you ever worked with KPMG?
A. Yes
Q. For how long sir?
A. Two years, nines months.
Q. When did you leave the employment of KPMG?
A. September 2004.
Q. Now sir on the 3o of November 2020, you told this court that you were not part of management of COCOBOD do you still stand by that?
A. Yes my lord
Q. Sir at COCOBOD the Chief, the deputies, director of research monitoring and evaluation, the executive direct of CHED , the Director of Humana resource, the director of monitoring and evaluation CODEAPC/HITEC, the director of special services , the Director of General Services, the Marketing Director of Cocoa Marketing Vompany, the Managing Director of Quality and Control Company Limited, Director of Seeding Production limited, Director of Finance, Director of Scholarship, and the Director Audit are part of management of COCOBOD, is that not true?
A. Yes my lord. My lord we always consider the Chief Executive and his three deputies as the executive management and the rest are directors, that is why I said the chief executive and the three deputies are the executive management.
Q. You are aware COCOBOD maintains a website?
A. Yes my lord
Q. So did COCOBOD erred in listing the director including yourself as part of management on the said websites?
A. I do not think so my lord
Q. Are you familiar with the functions of CHED?
A. Yes
Q. What are some of those?
A. My lord the main functions of CHED are extension services, cocoa rehabilitation, and good agronomic practices.
Q. Sir would that include advising farmers on the appropriate use or application of Agrochemicals including fertiliser?
A. My lord that advise will come from CRIG for implementation of CHED
Q. So does CRIG goes to field to directly advise the farmers or that advise is convey by CHED to the farmers?
A. My lord that advise will be convey by CHED to the farmers
Q. So by necessity the staff of CHED interact with farmers in the coca growing areas in carrying out their duties as staff of CHED, that is correct?
A. My lord that is correct but CRIG and Seed Production Division (SPD as well interact with the farmers
Q. And sir you see as part of the process of interaction, the staff of CHED bring feedback from the farmers to COCOBOD, that is true?
A. My lord that is true with all the division’s that interact with the farmer
Q. Sir such feedback include the views expressed by farmers on any Agrochemicals including fertiliser
A. Yes.
Q. And those views by the farmers may be complaints, expressions or recommendations of types of Agrochemicals or fertiliser by those farmers that is also correct?
A. Yes. My lord the real impact assessment to determine the effect of the Agrochemicals is done by CRIG
Q. Sir when these CHED officers visit the farm fields, the feed back they bring COCOBOD is captured in the report they produce, that is also correct
A. My lord i do not I have not sighted any such report.
Q. To your knowledge how is the feedback brought to COCOBOD by the staff of CHED
A. My lord, it depends on how they report it to management, whether monthly I didn’t know.
Q. But you will expect that there will be a written report?
A. Yes my lord
Q. Sir are you aware that between 7th to 25 of April 2015, CHED did field visit to some cocoa growing areas in Brong Ahafo, eastern, central, Volta, western north, western south and Ashanti regions
A. My lord am not aware of any report
Q. Sir you see the team from CHED on that particular visit was led by the then Executive director of CHED and it included the deputy executive director of CHED, might you be aware?
A. no my lord am not aware
Q. Sir you see, as part of the stated objectives of that filed visit was engagement with CHED field staff and farmers on the efficient and effective applications of foliar fertilisers, did you ever hear of this?
A. No my lord
Q. Sir through your 16 year at COCOBOD have you familiarise yourself with foliar fertilisers?
A. Yes my Lord
Q. How are foliar fertilisers applied
A. My lord I cannot determined how they are applied because my lord i am not a scientist.
Q. Sir you see foliar fertilisers by their very nature are sprayed directory onto the leaves and stems of the crops that they are being applied to
A. My lord what I know is that each fertiliser has it own application rate but how it is done I don’t know.
Q. In your 2015 field visit carried out by CHED, they found out that farmers who used lithovit liquid fertiliser, particularly like that fertiliser and requested for more
A. My lord as I said earlier when chit comes to impact assessment of fertilisers it is done by CRIG because they carried out the initial test and they will be able to ascertain the impact of fertiliser on cocoa after application, my lord it will be proper for whoever did this report to speak to the report
Q. This expression is the expression of farmers preference for lithovit fertiliser and it is duly captured in the CHED 2015 field visit report, am putting that to you sir?
A. My lord whoever undertook that exercise is in a better position to speak to that report
Q. Sir at COCOBOD anytime there are complaints from the farmers irrespective of any cocoa farm inputs including fertilisers those complaints will get to the attention of the management of COCOBOD is that correct?
A. Yes my lord
Q. Being a member of management of COCOBOD many farmer complaints have you come across on the use of lithovit liquid fertiliser?
A. My lord am not aware of any complaints
Q. Sir did you tell this court that you are the official custodian of finance record and the division of COCOBOD?
A. Yes must lord
Q. Are you aware that in the 20 November 2014, in a letter reference number CRIG /4/vol54/7014, CRIG invited the A3 to pay the some of GH649.50 as the cost of reassessment and evaluation towards the renewal of CRIG certification for the lithovit liquid fertiliser for the 2015,
A. No my lord an not aware
Q. Sir that letter was signed by one Dr Opoku-Amenyaw do you know him
A. My lord, I know him by name but we have never met before
Q. On 7th July 2017, in a reference number CRIG/37/14/Vol23/3429, CRIG invited the A3 to pay the sum of GH3,000 as the reassessment and evaluation fee for the renewal of CRIG certification for the lithovit liquid fertiliser for the year 2018, are you aware sir?
A. I am not aware
Q. CRIG raised the invoice numbered IN0000000940 on the said GHC3,000 as a renewal of CRIG certificate for the lithovit liquid fertiliser for the year 2018
A. No my lord
Q. And indeed CRIG received payment from We and by official receipt number 006516 acknowledged the said GH3,000 as payment for renewal for CRIG certificate for lithovit liquid fertiliser 2018, did you come across this in your financial records?
A. No my lord
Q. Now you don’t know the process of renewal of certification at CRIG, do you?
A. No my lord it is done by the scientists
Q. So when the scientists invite the A3 to follow a process toward a renewal of certification of its product, you cannot justify that?
A. No my lord
Q. Sir what is that document, exhibit 36?
A. It is notification of award
Q. Who signed exhibit 36?
A. Dr yaw Adu Ampomah
Q. What is the date?
A. 27 May 2017
Q. Were you at post then as director of finance
A. Yes my lord
Q. To your knowledge COCOBOD procured the product covered by exhibition 36.
A. Did COCOBOD execute a contract in respect of that product?
A. Yes my lord
Q. Do you recall who signed on behalf of COCOBOD?
A. No my lord
Q. But did you as DOF witnessed that contract?
A. My lord sitting here I cannot recall
Q. Do you know when COCOBOD received sample of that product for testing?
A. No my lord
Q. I take it you don’t know in fact any test was carried out on that product?
A. No. My lord the scientist should be able to tell us
Q. Sir by the notification of award payment of that product is supposed to be effected 30 days after delivery, is that correct?
A. Yes my lord
Q. Being a DOF you are aware that COCOBOD paid for that products?
A. My lord this is the notification if the services were provided then COCOBOD will pay
Q. Sir when you came to the payment of lithovit which happened in 2014, you recalled specific dates? and amount of payment so you know that COCOBOD in fact pay is for
A. My lord I don’t recall
Q. Sir kindly take a look at exhibit 37, what is the date on that sir?
A.27 may 2027
Q. And ex 37 was again signed by Dr yaw Adu Ampomah?
A. Yes
Q. What is exhibit 37
A. Is notification of contract award
Q. For what product pleas?
A. For No 1 liquid fertiliser
Q. Sir to your knowledge COCOBOD procured this product by exhibit 37?
A. My lord if the contract was signed then the product was products
Q. Please confirm to the court that by this date you were at post as the DOF?
A. Yes my lord
Q. Kindly take a look at exhibit 52. Do you recognise exhibit 52 sir?
A. Yes my lord
Q. What is it?
A. Contract for the supply of 200,0000 litres No1 liquid fertiliser between COCOBOD and Mark Company Limited
Q. when was it signed?
A. 16 June 2017
Q. Who signed for COCOBOD sir?
A. The Chief Executive, Joseph Boahen-Aidoo
Q. Who witnessed that contract?
A. Peter Osei Amoako
Q. So r that is the contract in respect of exhibit 37, that is correct?
A. Yes
Q. So COCOBOD procured this product in part
A. Yes
Q. When was samples of Not fertiliser received by COCOBOD for testing?
A. My lord i don’t know
Q. You don’t also know whether or not that product had been tested by CRIG, that is correct?
A. My lord if the product is not tested COCOBOD will not purchased
Q. When was it tested?
A. My lord the scientist at CRIG will be able to tell us.
Q. You witnessed this contract based on assumption that it had been duly tested, that is true?
A. My lord i did not witnessed this contract based on assumption because the contract I witnessed has a valid certificate
Q. It is the CRIG certificate that provides you the assurance that the product had been tested by CRIG is that the case?
A. My Lord the CRIG certificate which show that the product should have been tested for a minimum of two years.
Q. Can you show us on the certificate attached to exhibit 52 where this is stated?
A. My lord the document I have here don’t have the certificate attached. My lord i know there is a certificate attached. So if I am giving the opportunity I will bring the certificate.
Judge: director when you are coming the next time bring the certificate so that all of us will see.