State drops charges against Dr. Opuni and Seidu Agongo

Former CEO of Cocobod, Dr. Stephen Kwabena Opuni, and businessman Seidu Agongo have been acquitted and discharged of all criminal charges filed against them by the state.

The decision came after the state requested the withdrawal of the charges. A State Attorney, Enam Loh Mensah, informed the court on Tuesday that “the Republic has filed notice of withdrawal.”

The two men had been facing 27 charges over the past eight years, including allegations of defrauding the state by false pretenses, causing financial loss to the state, and breaching public procurement regulations. Both Opuni and Agongo consistently denied the charges.

The defense lawyers, Samuel Cudjoe for Opuni and Benson Nutsukpui for Agongo, confirmed that they had received the notice of withdrawal.

Background

Agongo, the CEO of Agricult Ghana Limited, was accused of selling substandard fertilizer to COCOBOD, allegedly facilitated by Dr. Opuni. Opuni was accused of bypassing proper testing and certification procedures for the fertilizer, which was then distributed to farmers, allegedly leading to poor crop yields.

Their trial began in March 2018, with the Attorney General charging both men with 27 counts related to causing a financial loss of GH¢271.3 million to the state. The accused maintained their innocence throughout, with both granted bail of GH¢300,000 each.

Twists in the case

Throughout the trial, the case took several dramatic turns, with the defense suggesting political bias rather than a pursuit of justice. In March 2020, the defense accused the then trial judge, Justice Clemence Honyenuga, of bias after he publicly expressed support for President Nana Akufo-Addo’s re-election, which led the defense to request his recusal. However, Justice Honyenuga rejected the request, ruling it to be unfounded.

Justice Honyenuga, also the Paramount Chief of the Nyagbo Traditional Area, had praised President Akufo-Addo’s leadership during a visit to the region, which the defense argued indicated partiality due to Opuni’s association with the previous Mahama administration.

The legal battle intensified, with heated exchanges between the prosecution, defense, and the judge.

Case reassigned

Justice Honyenuga soon retired, and the case was taken over by Justice Kwasi Anokye Gyimah. In April 2023, Justice Gyimah ruled that the case should be retried from the beginning. He explained that given the serious allegations and the need to assess witness testimony firsthand, starting the trial “De Novo” was necessary to ensure fairness.