Dr. Stephen Kwabena Opuni, the former Chief Executive Officer of the Ghana Cocoa Board (COCOBOD), walked free from court on Tuesday, January 28, 2025, after the Attorney-General withdrew all charges against him. Opuni, who had been embroiled in a high-profile trial for nearly seven years, expressed his relief and gratitude following his acquittal.
In a powerful statement following the court’s ruling, Dr. Opuni declared, “The living God I serve has disgraced, cursed all my enemies, my persecutors and destiny haters.” These words, filled with emotion, came after a lengthy legal battle that had seen him accused of causing financial loss to the state in a fertiliser scandal worth over GH¢271 million.
The charges against Dr. Opuni, along with businessman Seidu Agongo, centered on a series of fertiliser transactions that the prosecution claimed were fraudulent. Both men were accused of distributing substandard Lithovit foliar fertiliser to cocoa farmers while at COCOBOD.
However, on January 28, the prosecution, led by State Attorney Enam Mensah, informed the court that the charges were being withdrawn, effectively ending the lengthy trial.
The withdrawal of charges came after a seven-year period marked by delays, legal wrangling, and extensive testimony from both the prosecution and the defense. When the case was called in court on Tuesday, State Attorney Enam Mensah informed Justice Aboagye Tandoh that the Attorney General had decided to withdraw the charges against Dr. Opuni and Seidu Agongo.
The legal team for both defendants, Samuel Cudjoe for Dr. Opuni and Benson Nutsukpui for Agongo, confirmed the receipt of the notice of withdrawal. Under section 29 of ACT 30, the Attorney General has the power to withdraw charges before a judgment is delivered, and the court consented to the withdrawal. Following this, Justice Tandoh acquitted and discharged both men, stating that the charges had been officially dropped and that they were free to go.
Dr. Opuni and Agongo had been facing charges related to the sale of Lithovit liquid fertiliser to COCOBOD, which the prosecution argued was substandard and resulted in significant financial loss to the state. The case revolved around allegations that the fertiliser was sold to COCOBOD without proper testing or certification, despite the law requiring such procedures.
The prosecution claimed that Agongo, through his company Agricult Ghana Limited, had fraudulently sold the fertiliser to COCOBOD, while Dr. Opuni, in his capacity as CEO of the Board, facilitated the transaction by allowing the fertiliser to be distributed to cocoa farmers. They also alleged that Dr. Opuni failed to ensure that the fertiliser was tested for quality before being approved for use by farmers.
Both Dr. Opuni and Agongo had consistently denied the charges, maintaining that the fertiliser was not substandard and that the transactions were legitimate. They had pleaded not guilty and were on self-recognizance bail of GH₵300 000 each.
Following the withdrawal of charges, Justice Tandoh formally acquitted and discharged Dr. Opuni and Agongo, in line with the legal provisions of ACT 30. Under section 59(2)(b)(ii) of the Act, when the prosecution has closed its case, the accused can be acquitted if the charges are dropped. The court also ordered the release of the two men’s passports, which had been held by the Criminal Investigation Department (CID) of the Ghana Police Service.
With the acquittal, Dr. Opuni and Seidu Agongo were formally discharged of all charges. Their legal battles, which had captured significant public attention and stirred debates about corruption and governance in Ghana, finally came to an end.
Following the court’s decision, Dr. Opuni expressed profound gratitude. His statement, “The living God I serve has disgraced, cursed all my enemies, my persecutors and destiny haters,” captured the emotions he felt after nearly seven years of legal proceedings. His words reflected the relief of having the case against him dropped after what he and his supporters saw as a prolonged and unwarranted trial.
For Dr. Opuni, this ruling represented not only a personal victory but also a vindication of his character and integrity. The case had been a major source of stress for him, and the withdrawal of charges marked the end of a challenging chapter in his life.
The withdrawal of charges in the case has raised questions about the handling of high-profile corruption cases in Ghana. Dr. Opuni and Agongo’s acquittal highlights the discretion of the Attorney General in deciding to drop charges, a decision that has sparked mixed reactions across the political and legal spectrum.
For many observers, the case serves as a reminder of the complexities and challenges faced by the legal system in prosecuting cases involving public figures and business leaders. The length of the trial, the various delays, and the eventual withdrawal of charges have raised concerns about the efficiency and effectiveness of the judicial process.
Despite the outcome, the case remains a significant part of Ghana’s recent history, especially regarding public sector accountability and the fight against corruption. While Dr. Opuni and Agongo are now free, questions remain about the broader implications for the fight against corruption and the role of the judiciary in ensuring justice is served.
With the charges withdrawn and both men acquitted, Dr. Opuni and Seidu Agongo can now begin to move on with their lives, free from the legal burden that has loomed over them for nearly seven years. However, the impact of this case on their reputations and the broader political and legal landscape in Ghana will likely continue to be felt for some time.
As Dr. Opuni walks free, his supporters view the acquittal as a triumph, while others will be left questioning the decision to withdraw the charges after such a lengthy trial. Nonetheless, for Dr. Opuni, his declaration of divine vindication speaks to the emotional toll the case has taken on him and his belief in his innocence.
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