It has been revealed in court that both Dr F.M. Amoah and Dr Yaw Adu-Ampomah, the first and third prosecution witnesses, who contended that Lithovit foliar fertiliser is powdery, knew it was a liquid substance.

Also, during the transitional period after the 2016 elections, in which Dr Adu-Ampomah chaired the government's team on cocoa, the two never contested experts' observations about the efficacy of Lithovit liquid fertiliser and how it induces flowering, which in turn could lead to an increase in yield.

The latest development became evident on April 18, 2024, during the cross-examination of COCOBOD's Director of Research, Monitoring, and Evaluation, Dr. Francis Baah.

Dr Baah, who has worked with COCOBOD for over 30 years in various divisions and units, has always maintained, including in his evidence to a team of investigators from EOCO and CID, that the fertiliser purchased by COCOBOD between 2014 and 2016 is a liquid agrochemical.

Dr Baah, who is a former Executive Director of CHED and previously worked at CRIG as well as at the office of the Chief Executive of COCOBOD as the Office Manager, was giving evidence in the trial of former COCOBOD Chief Executive Dr Stephen Opuni, businessman Seidu Agongo and Agricult Ghana Limited.

The accused persons are facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the state, corruption by public officers, and contravention of the Public Procurement Act.

"Exhibit 3 is an investigative statement of PW1 Franklin Manu Amoah; on the last page of this statement, on page 3, Dr Franklin Manu Amoah stated that you affirmed to the transitional team that Lithovit, as a liquid fertiliser, induces flowering, which, in turn, could result in an increase in yields. That is the case, is it?" Mr Samuel Codjoe, lead counsel for Dr. Opuni, asked the witness.

"Yes, my Lord," Dr Baah insisted.

It would be recalled that in giving their evidence in chief in court years after the work of the transition team, Dr Adu-Ampomah and Dr F.M. Amoah claimed that the Lithovit tested by CRIG was powdery, but COCOBOD, headed by Dr Opuni bought untested Lithovit liquid fertiliser, therefore, causing financial loss to the state.

But Dr Baah, who said he knew Lithovit to be a liquid fertiliser at all material times, informed the Accra High Court hearing the matter that when he told the committee as the Head of CHED that the fertiliser in question is liquid, neither Dr Amoah nor Dr Adu-Ampomah challenged that fact.

"None of the members of the transitional team on cocoa, whose chairman was Dr Adu-Ampomah, the third prosecution witness, challenged and or disputed this statement that it's liquid?" counsel asked the witness.

"I don't recall being challenged," Dr. Baah stressed.

"In fact, if you were challenged on this statement, you would have recalled it," Mr Codjoe pushed him further, to which he replied, "My Lord, that is correct."

"I'm further putting it to you; if Dr Franklin Manu Amoah did not know the truism of your statement, namely, Lithovit is a liquid fertiliser, he would have challenged you at that point,"  counsel asserted.

"My Lord, that would be a fair proposition," the witness maintained.

"In fact, at the transitional team, none of the persons from COCOBOD who appeared before this team ever questioned the efficacy of Lithovit liquid fertiliser on matured cocoa," he was told.

"Yes, my Lord, I don't think there was any challenge," he responded.

Counsel also asked him, "Dr Amoah, the first prosecution witness, did not challenge your statement of the efficacy of Lithovit that it induces flowery and could result in yield?"

The witness stated, "Yes, my Lord, there was no challenge, and I was not questioned extensively on it. If I may add, this statement attributed to me; I made it on the basis of the field report from CHED, which I headed at the time."

"You see, in your statement to the police and EOCO, you were very empathetic that the first accused did not influence you and or influence your work during his tenure as chief executive, that is so," Mr Codjoe enquired.

"Yes, my Lord, as it pertains to influencing me to do what I'm not supposed to do, that is correct," Dr Baah asserted.

Meanwhile, Dr Baah has emphasised in court that recommendations to COCOBOD to purchase fertilisers – the type and quantities, for any cocoa season – do not emanate from the Chief Executive of COCOBOD.

He explained that the CODAPEC/HITECH programme determines and recommends to COCOBOD the quantities and types of fertilisers and agrochemicals to purchase.

"And you can confirm that during your term at CHED, namely from 2014, 2015 and 2016, the first accused (Dr Opuni ) did not determine the type and or quantities of fertilisers which were purchased by COCOBOD during these periods?" Mr Codjoe asked the witness.

Dr Baah responded, "My Lord, I agree with counsel, and I want to add that the fertilisers, agrochemicals, and machines used are part of the work of CODAPEC /HITECH, which was headed by a director. They will make the recommendation."

As a former Executive Director of CHED, Dr Francis Baah mentioned that the recommendations of CODAPEC/HITECH for the purchase of agrochemicals and fertilisers channelled through CHED are then forwarded to the Deputy Chief Executive, Agronomy and Quality Control, who would then send them to top management for approval.

"And in fact, when your directorate (CHED) receives such recommendations for COCOBOD to purchase these agrochemicals and fertilisers, you then forward these recommendations to management through Deputy Chief Executive A and QC," counsel pointed out to the witness.

"My Lord, that is correct. Anything from CODAPEC/HITECH at CHED will end at the office of the Deputy Chief Executive A and QC," the witness confirmed to the court.