The Attorney-General and Minister of Justice, Dr. Dominic Akuritinga Ayine, has defended his decision to withdraw charges against former COCOBOD Chief Executive Dr. Stephen Opuni and businessman Seidu Agongo, asserting that the prosecution was not supported by substantial evidence.
Addressing the media at a press conference in Accra, Dr. Ayine emphasized that the case lacked merit, particularly in light of overwhelming evidence affirming the efficacy of Lithovit liquid fertilizer, which was at the center of the financial loss allegations.
Dr. Ayine outlined three key reasons for discontinuing the case; Ethical and Professional Considerations – He stated that continuing the prosecution would be against his professional ethics, given the strong evidence contradicting the allegations. Defective Charges – A thorough review of the case revealed that some charges were not supported by factual or legal reasoning and Lack of Proof of Guilt – The prosecution failed to demonstrate that Lithovit was ineffective, and no farmer testified to any adverse impact from its use.
The Attorney-General also highlighted constitutional provisions requiring fairness, transparency, and reasonableness in exercising prosecutorial discretion. He revealed that his decision was made after extensive consultations with the Director of Public Prosecutions, defense lawyers, and investigators.
Lithovit Fertilizer Proven Effective
Central to the case was the claim that Lithovit was substandard and had caused financial loss to the state. However, Dr. Ayine pointed out that no farmers were called as witnesses to substantiate this assertion. Instead, multiple field reports from COCOBOD indicated that Lithovit was not only effective but also preferred by farmers.
“Statements from farmers, including the then national best farmer, confirmed that Lithovit increased their yield,” Dr. Ayine stated.
He also revealed inconsistencies in tests conducted by the Ghana Standards Authority (GSA). While one test, conducted by an unauthorized department, suggested Lithovit lacked fertilizer properties, a second test—carried out by the appropriate materials science department—confirmed its efficacy.
Judicial Concerns and Perceived Bias
Dr. Ayine expressed serious concerns about judicial impartiality in the case, particularly decisions made by former trial judge Justice Clemence Jackson Honyenuga. He accused the judge of suppressing key exculpatory evidence and failing to address a perjury application against prosecution witness Dr. Yaw Adu Ampomah.
Additionally, he pointed to unusual judicial movements, including the abrupt transfer of Justice Anokye Gyimah after he decided to conduct a de novo (fresh) trial. He also criticized the promotion of judges handling politically sensitive cases, stating that such actions could create a perception of inducement.
Political Interference Denied
Dismissing claims of external influence, Dr. Ayine insisted that President John Mahama had not directed him to withdraw the case. He clarified that while accountability was crucial, the case against Dr. Opuni and Agongo did not amount to corruption or embezzlement of state resources.
The Attorney-General reaffirmed his commitment to upholding justice while ensuring fairness in legal proceedings. “My decisions are guided solely by the law, the evidence, and the interest of justice,” he concluded.
Other High-Profile Cases
Dr. Ayine also took the opportunity to clarify his stance on other cases, including those involving Finance Minister Dr. Cassiel Ato Forson, former Bank of Ghana Deputy Governor Dr. Johnson Asiama, and Asutifi South MP Collins Dauda. He maintained that each decision was made independently based on evidence and legal merit.
