According to the state’s fifth prosecution witness (PW5), Dr Emmanuel Osei-Twum, he was a permanent staff of the University of Ghana, Department of Chemistry, when he was assigned a responsibility to conduct a test on Lithovit Foliar Fertiliser purchased by Ghana Cocoa Board (COCOBOD).

He said the fertiliser was brought to his department by the Economic Organised Crime Office (EOCO) to conduct test on the chemical composition of the agrochemical product, lithovit.

Dr Osei-Twum told the court during cross-examination by Samuel Cudjoe, defence counsel for Chief Executive Officer COCOBOD, Dr Stephen Kwabena Opuni, that he and another scientist, Prof Augustine Kwame Donkor conducted the test on the product.

 However, Mr Cudjoe insisted that his age, 69, could not have made him a permanent staff of the University of Ghana.

Hitherto his earlier evidence, the witness quickly clarified that he was a contract staff.

 Mr Cudjoe also put it to the witness that if indeed he had worked on the sample personally, he would have given a police statement.

The lawyer additionally pointed out to the witness that he did not play any part in the scientific research, since if he had, at least his name or signature would have been on the report.

But, the witness refuted this by saying, he took part in the conduct of the test, however, it was his Head of Department that signed the report

The court was presided over by Supreme Court judge, Justice Clemence Honyenuga.

The following is how questions and answers were provided at the court:

Q. Dr Osei-Twum, you do not know A1, Dr Stephen Kwabena Opuni? 

A. No please, I don’t.

Q. In fact, the sample, which was tested by the Chemistry Department has no connection with A1, isn’t?

A. I don’t know.

Q. Did A1 give you the sample, which the Chemistry Department tested?

A. I have never met A1 or any of his representatives, so he did not give me any sample.

Q. Am putting it to you that to your knowledge A1 has no connection to what you tested?

A. Your lordship that has no connection to me. I received the sample from EOCO were it came from any of his representatives I have no knowledge of it.

Q. Doc, from the report that you just read what show that you sitting here worked on it. Since there is no indication you worked on the report?

A. My lord, in this submission there is nothing to show that we worked on it but there is everything indicating that a report was submitted by the Department of Chemistry of the University of Ghana. And, we have records to show that Prof Augustine Kwame Donkor and myself worked on the sample.

  Q. In fact Doc, are you a permanent staff of the Chemistry Department?

A. Yes, I am.

Q. In fact, you don’t work there now?

A. Yes I do. I work there now.

Q. How old are you?

A. I am 68 going 69.

Q. Then you cannot be a permanent of staff of the Chemistry department, having past the statutory required age.

A. When this test was done, I was a permanent employee of University of Ghana and currently, I am a part time lecturer at the same university and same department.

Q. Doc, I am putting it to you since you were 65 when EOCO sent the sample, you could only be on contract with the Chemistry Department of the University of Ghana and not a permanent staff?

A. University of Ghana policy is when you turn 60, you are given a retirement contract and you continue to be a permanent staff of the university until you are 70. If you are at the professorial rank you continue to be permanent staff till you are 70.

Q. Dr Osei-Twum, am putting it to you that if you had worked on the sample personally, you would have given a police statement?

A. I analysed the sample, we were given by EOCO. EOCO never indicated to us that it has anything to do with criminality. We were only asked to analysis the sample.

Q. Dr Osei-Twum, did you down load the MSDS or you got it from EOCO?

A. We got the copy of that MSDS from EOCO. 

Q. As an associate Professor in Chemistry, don’t you think it was prudent that you got the MSDS independently of EOCO who are not experts in Chemistry? 

A. The MSDS could not have been manufactured by EOCO. When we went online all MSDS we found matched exactly what EOCO gave to us. 

Q. Doc you were untruthful to this court, when you told this court when you told this court EOCO never briefed you about any criminality concerning the procurement of Lithovit by COCOBOD. I’m putting it to you?

A. As a chemist, I am not in the law profession. Prof Donkor and myself, didn’t sit down to discuss the criminality associated with the sample that EOCO submitted to us. So I have not lied to the court.

Q. Doc, I’m putting it to you that EOCO briefed the Department of Chemistry about their, investigation about the procurement of COCOBOD and it wanted the department test the fertilizer? 

A. If EOCO briefed anyone, it might have been my head of department.  It never got to me and I am not aware off. 

Q. Dr Osei Twum, you stated this morning that EOCO brought this sample to your department.  

A. Yes, I stated that EOCO brought the sample to my department, I didn’t state that exile brought the sample to Dr Donkor and to myself.

Q. Doc contrary to what you stated in the court, the document states that EOCO briefed the department of its investigation involving the criminality concerning the procurement of lithovit fertiliser.  

A. EOCO briefed the department and the representative of the department, is the head. So if it says that EOCO briefed the department, then the department head had been briefed.

Q. So doc from your own answer, you cannot be the representative of your department?

A. The Head of Department did not do the work. The scientists who did the analysis would not be the appropriate people to represent the department. 

Q. Doc, I am putting that if you had played any part in the scientific research at least your name or signature would have been on the report?

A. The report has only the name of the Head of Department. The scientists did write the report and gave it to the Head of Department to take it from there. Since the Head of Department was to sign the report, there was no need for the scientists to have their names and signature on that report.

Q. Doc are you are aware COCOBOD procured lithovit fertiliser in 2014, 2015 and 2016?

A. Today, I can say I am aware but when I was doing the work, I was not aware. The question should have been were you aware?

By Akutu Dede Adimer