The criminal charges against former CEO of COCOBOD, Dr. Stephen Kwabena Opuni, and businessman Seidu Agongo have been dropped, with the State formally requesting the withdrawal of all charges.

This development marks the end of an eight-year-long legal battle for the two individuals, who had been facing a range of serious allegations.

State Attorney Enam Loh Mensah informed the court on Tuesday, “My Lord, pursuant to this, the Republic has filed notice of withdrawal.”

The charges, which included allegations of defrauding the State by false pretenses, willfully causing financial loss, and violating public procurement laws, were initially leveled against the accused in 2018. The pair had consistently denied the charges, which involved claims of fraudulent activity in the procurement of sub-standard fertilizer.

Counsel for the two accused, Samuel Cudjoe and Benson Nutsukpui, confirmed in court that they had been served with the notice of withdrawal.

Agongo, who is the CEO of Agricult Ghana Limited, was accused of selling substandard fertilizer to COCOBOD. Dr. Opuni, in turn, was alleged to have waived proper testing and certification procedures for the fertilizer, which was then distributed to farmers and purportedly resulted in poor yields.

The charges stemmed from an accusation that the duo caused a financial loss of GH¢271.3 million to the State. Throughout the legal proceedings, both men denied all charges and were granted bail set at GH¢300,000 each.

The case, which began in March 2018, saw numerous twists and turns. At various points during the trial, the defense team suggested that the case was politically motivated, with accusations of bias against the judiciary.

One such instance occurred in March 2020, when the defense team accused the trial judge, Justice Clemence Honyenuga, of bias after he publicly praised President Nana Akufo-Addo’s leadership. Justice Honyenuga, who was also the Paramount Chief of the Nyagbo Traditional Area, had made the statement during a visit by the President to the Volta Region.

“We wish to congratulate you on the excellent manner in which you are governing this dear country of ours. It is our hope that with your vision and the gains made in your first term, Ghanaians will consider giving you another four years,” Justice Honyenuga, also known as Torgbui Nyagasi, said.

The defense lawyers for Dr. Opuni argued that the judge’s comments, even in his role as a traditional leader, indicated his support for President Akufo-Addo, thereby compromising his neutrality and fairness in the case.

However, Justice Honyenuga rejected their request to recuse himself from the case, calling it “incompetent and misconceived.”

After Justice Honyenuga retired, the case was reassigned to Justice Kwasi Anokye Gyimah. In April 2023, Justice Gyimah ruled to start the trial afresh rather than proceed with the previous proceedings, which were clouded by the many allegations and disputes.

“It would be unfair for the court to ignore the allegations and adopt the previous proceedings as it is. In order for the court to have a first-hand information of the trial and the demeanor of witnesses, the court will start the trial ‘De Novo’,” he stated, signaling a fresh approach to the case.