No witness for Agongo in a $ 46 million fertilizer contract



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General News on Thursday, February 14, 2019

Source: dailyguidenetwork.com

2019-02-14

Stephene Opuni Vv Former Executive Director of Ghana Cocoa Board, Mr. Stephen Kwabena Opuni

It appeared that Seidu Agongo, the businessman who is currently being tried for conspiring with the former Ghana Cocoa Board (COCOBOD) general manager, Dr. Stephen Kwabena Opuni, with the aim of cause a financial loss to the state, has not presented any evidence witness to the arbitral tribunal.

He was seeking a total of $ 46.460 million from Cocobod for his three companies.

The judgment of the Accra Arbitration Center, prepared by three distinguished arbitrators, revealed that the plaintiff (Seidu Agongo) preferred to enter the case with only "documentary evidence" and not oral testimony.

The panel of high-level arbitrators found that Cocobod had submitted documentary evidence and brought witnesses to testify orally to refute Seidu Agongo's claims that he was entitled to the huge sum of compensation for his three companies.

According to the final decision document of the court, the plaintiff, before the hearing, informed the court "that he would rely exclusively on documentary evidence and therefore he would not file any witness statements or call witnesses to testify. during the procedure ".

"However, they reserved the right to cross-examine the defendant's witnesses," said the 48-page document prepared by three distinguished referees.

"The court recognized the right of the plaintiffs to defend themselves, as they intended, and therefore did not insist on the appearance of a witness despite the reservations expressed by counsel about the calling of any witness. even in cases where the court heard certain witnesses, "the panel said.

The court found that Cocobod was able to produce "credible evidence," including newspaper publications, "to establish the existence of well-known test protocols for the purchase of given agrochemicals. and that these protocols were in the public domain and were known to plaintiffs, as well as other entities dealing with the defendant. "

According to the court, "Seidu Agongo, on the other hand, did not provide any evidence in rebuttal.

"The court further finds that these protocols were based on scientific evidence and not on absolute business discretion."

Seidu Agongo's companies seeking compensation included Agricult Ghana Limited, which was supposed to supply Lithovit with liquid fertilizers valued at $ 26.5 million, Sarago Limited, which provided Duapa Fertilizer with a $ 14 million fertilizer and Alive Industries Limited, which had been contracted to provide Acati Power estimated at $ 5,960.

According to the claims filed by Mr. Agongo during the arbitration on behalf of his three companies, Cocobod had agreed that Agricult Limited was to supply 1,000,000 liters of Lithovit liquid fertilizer, Sarago Limited was to supply 400,000 bags of Duapa fertilizer and Alive Industries Limited owed 200,000 liters of Acati Power Insecticide.

The arbitral tribunal was chaired by the distinguished international arbitrator Nana Dr. S.K.B. Asante, with the referee of Mr. Agongo, Kizito Beyuo, and the judge Francis Emile Short, former head of the CHRAJ as representative of Cocobod.

The arbitral tribunal was chaired by the distinguished international arbitrator Nana Dr. S.K.B. Asante, with the referee of Mr. Agongo, Kizito Beyuo, and the judge Francis Emile Short, former head of the CHRAJ as representative of Cocobod.

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