Home Business Prosecution witness in Opuni trial admits to ‘liquid fertilizer’ caution statement

Prosecution witness in Opuni trial admits to ‘liquid fertilizer’ caution statement

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The Attorney General’s first witness in the ongoing criminal trial of Dr. Stephen Kwabena Opuni and businessman Seidu Agongo and Agricut Company Limited last Monday admitted writing a caution statement to the Economic and Organized Crime Office (EOCO) upon his arrest in 2017 in which he had claimed the Lithovit fertilizer which is a subject of the trial, was in liquid form and not powdery.

Dr. Franklin Manu Amoah, Executive Director of the Cocoa Research Institute of Ghana (CRIG) made the admission under cross-examination by lawyers for Dr. Opuni at the High Court, Accra presided over by Justice Clemence Honyenuga.

In his caution statement to EOCO in April 2017, he had stated that Dr. Francis Baah who was the head of the Cocoa Health and Extension Division (CHED), a division of COCOBOD had affirmed that the Lithovit fertilizer which was evaluated and a certificate issued to Agricult was in liquid form and not solid or powdery as he had told the court in August during his evidence in chief.

During a five-hour gruelling cross-examination last Monday, Dr. Amoah admitted having given the said statement to EOCO after the statement was tendered in evidence by lawyers for Dr Opuni. The Prosecution asked to know whether the said statement was part of documents they (prosecution) had supplied the accused person.

Dr. Opuni through his legal team led by Samuel Codjoe, has maintained that no powdery substance was submitted to CRIG for testing, but rather a liquid fertilizer which was submitted, tested and highly recommended as worthy for the growth of Cocoa.

Dr. Amoah had further disclosed in his statement to EOCO that Dr. Francis Baah, the Executive Director of CHED, had further confirmed that the use of Lithovit liquid fertilizer induced prolific flowering and result in higher cocoa yield.

He averred that it is based on the work done by CHED that it came to light that the Lithovit Liquid Fertilizer was efficient and could improve yield.

Indeed, Dr. Amoah admitted, “I was a member of the team, the Director of CHED, Dr. Baah affirmed that Lithovit as a liquid fertilizer induced prolific flowering on cocoa trees which could result in high yields.”

The witness was made to identify his handwriting in the caution statement and made to read portions of it to the court. Mentions were made of Dr. Kwarpong and one Dr. Afrifa; both soil scientists who had worked on the said fertilizer and recommended its purchase and use by cocoa farmers.

Dr. Amoah, admitted having signed and issued the first certificate on the fertilizer.

The witness further admitted to a question posed to him by lawyers of Dr. Opuni to the effect that one cannot rely on one factor such as the application of fertilizer to determine cocoa yield, which admission is contrary to claims by the Attorney General, Gloria Akuffo when she read the facts in support of the charges that the application of Lithovit fertilizer resulted in lower yield.

He conceded that although subsequent reports and certificates were issued in support of the Lithovit liquid fertilizer, he was on retirement when the certificates were issued.

He further stated that he was not privy to whether due process was followed or not, contrary to an earlier statement to the Court that due process was not followed in the evaluation of the fertilizer before certificates were issued to Agricult.

Counsel for Dr. Opuni also inquired from the witness the meaning of “affirm” which appeared in his caution statement to EOCO, and he said it meant “confirm”.

The ex-Chief Executive Officer of COCOBOD, Dr. Opuni and the Managing Director of Agricult Ghana Limited, Seidu Agongo, face 27 charges, including defrauding by false pretence, wilfully causing financial loss to the state, money laundering, corruption by a public officer and contravention of the Public Procurement Act.

They have pleaded not guilty and have been granted GH¢300,000.00 each self-recognisance bail by the court.

An attempt by counsel for Dr. Opuni to know the salary of the prosecution witness, however, was ruled out by the judge after the Director of Public Prosecutions (DPP), Mrs. Yvonne Atakora Obuobisa had raised an objection.

Lawyer Cudjoe, was of the view that the witness’ salary was crucial to his client’s case, as it would show that the “witness is being motivated by money” hence his re-engagement by the government on contract to head CRIG.

This was after Dr. Amoah had told the court that he retired in 2015, but was recalled and given a 19-month contract by the government as Executive Director of CRIG in 2017.

Based on that, Mr. Codjoe made the case that the witness lobbied to get his job back despite being on retirement, purely to continue to enjoy his salary, and was desperate to make a case against Dr. Opuni.

Mr. Cudjoe’s demands to know Dr Amoah’s salary was met with a strong objection from the prosecution, led by the DPP.

Mrs. Yvonne Atakora Obuobisa argued that the salary of Dr Amoah was irrelevant to the case and should be disallowed. She further argued that Mr. Codjoe was just bent on embarrassing the witness.

“He need not disclose his salary. His salary is not relevant to the case. Salaries are privileged information between employees and employers,’’ she said.

But Mr Codjoe insisted that the question was relevant and questioned why the salary of a public official should be a secret.

“Salaries in the public service are well known. The salaries of the President, Speakers of Parliament and judges are in the public domain,” he said.

After listening to both sides, the presiding judge, disallowed the question, describing it as outright conjecture.

Mr. Codjoe asked Dr Amoah about certain allegations that he (Dr. Amoah) unlawfully harvested timber from COCOBOD’s concession.

Dr. Amoah explained that the allegations were false and investigations directed by Dr. Opuni concluded that the allegations were totally unfounded.

“After the investigations, a report was sent to Dr Opuni, who saw that all were false allegations to tarnish my hard-earned reputation. He, therefore, directed that the main architect behind the unfounded allegations be transferred from CRIG to a plantation at Wassa Akropong,’’ he said.

The case resumes today, October 10 for continuation of cross-examination of Dr. Amoah.

Source: Graphic.com

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  235. L’UFCM a constaté depuis quelques mois l’accroissement des tromperies à la « roqya ». Les témoignages de personnes victimes de ces pratiques se multiplient et présentent les mêmes caractéristiques : « Une personne vous appelle et vous propose une séance de « roqya » gratuite. Cette personne vous propose de rappeler un numéro prétendu gratuit, souvent un numéro commençant par 0 800… » Mais, dans les faits, cette prestation est loin d’être gratuite, puisque la conversation est facturée à vos frais et à votre insu. Au-delà de l’aspect juridique qui est traité à ce jour par le pôle juridique de l’UFCM[1], ce procédé soulève la problématique de sa conformité au Coran et à la Sunna. En effet, la « roqya » peut se définir comme une thérapie qui permet de soigner les actes de sorcellerie, de mauvais œil et également de se protéger contre ces derniers. Par conséquent, est-il possible de la pratiquer par téléphone et quelles sont les exigences édictées par le Coran et la Sunna ? Nous présenterons ainsi successivement les conditions liées au soignant (I), les exigences relatives à l’environnement où est réalisée la « roqya » (II). Nous aborderons ensuite la question de la gratuité de la prestation ou de sa contrepartie financière et enfin les conditions dans laquelle elle est réalisée (III). I- Les conditions liées au soignant Souvent la « roqya » est perçue comme une pratique dispensée par un tiers. Or, il est essentiel de rappeler et de souligner un fait important : la meilleure des « roqya » est celle que nous dispensons nous-mêmes à travers le « dhikr » et la récitation du Coran. Ainsi, pour se prémunir des maux liés au mauvais œil ou à la sorcellerie, il convient régulièrement de lire le Coran et faire des invocations notamment celles du matin et du coucher, de réciter régulièrement la sourate « La vache », de renouveler son intention, de placer la certitude dans son cœur, d’effectuer ses prières etc., et surtout de demander à Allah la meilleure des protections. Toutefois, dans certaines conditions, il est nécessaire de recourir à un soignant. C’est à ce stade qu’il convient d’être vigilant. Il ne suffit pas de se rendre auprès d’une personne qui se présente avec la qualité de cheikh ou d’imam pour accepter de lui confier cette pratique. Comme pour tout procédé et encore plus lorsque cela relève de considérations religieuses, il est important de bien choisir son soignant car ce dernier est tenu de posséder des qualités bien affirmées. La maîtrise du Coran et des traditions prophétiques en la matière est une condition sine qua none, mais insuffisante. La personne doit également avoir des notions de psychologie afin de déterminer la part de sorcellerie et celle de troubles psychologiques fréquents chez les patients. La personne doit posséder une bonne hygiène de vie, notamment spirituelle puisqu’il n’est pas inutile de rappeler que le succès de la « roqya » dépend de Dieu. Ces critères sont difficilement évaluables, surtout par une personne qui est affectée par un mal-être, quelle que soit sa source. C’est pourquoi les proches doivent accompagner la personne dans la recherche d’un soignant qualifié et reconnu comme tel par des référents religieux de la localité (imam, responsables associatifs, etc.). De manière générale, le soignant doit posséder des qualités déterminées que nous pouvons synthétiser de la manière suivante. Il doit : être en capacité de lire le Coran, croire avec certitude au Coran, être empreint de piété, connaître les pièges et les caractéristiques du diable et des djinns, connaître la méthode prophétique de la « roqya », disposer de connaissances de base en psychologie, avoir la conviction que le succès de sa thérapie dépend de Dieu. A l’exception de la première exigence, il semble difficile de vérifier les autres conditions dans le cadre d’un entretien téléphonique avec une personne que nous n’avons jamais rencontrée, même si elle se présente sous le titre de « cheikh » ou d’un imam. Par conséquent, ces conditions soulignent une première limite quant au recours à la « roqya » par téléphone. Par ailleurs, à l’instar de tout médecin, le soignant doit, avant de prodiguer des conseils ou une médication, procéder à une consultation. Ainsi, un environnement adéquat est indispensable pour la réalisation d’une « roqya ». Il est enfin inconcevable qu’un médecin puisse vous affirmer par téléphone connaître votre maladie et attester pouvoir vous guérir. Vous auriez plus que des doutes sur ce prétendu médecin. II- Un environnement propice et la réalisation d’une consultation préalable à la réalisation d’une « roqya » Il est intéressant de noter que, dans son ouvrage « Comment se protéger des djinns & satan », Wahîd ‘Abdussalâm Bâli évoque l’importance du climat pour réaliser une roqya[2]. Ainsi, il expose les points suivants : « 1. Préparer le climat adéquat en faisant par exemple sortir les images et les statues de la pièce où on va soigner le malade, pour permettre aux anges d’y entrer. 2. Débarrasser le sujet de tout ce qu’il peut porter sur lui comme talismans ou amulettes et les brûler. 3. Éteindre tout ce qui peut émettre le son de la musique et des chants. 4. Vider le lieu de tout ce qui comporte une infraction à la shari‘a à savoir, par exemple, la présence d’un homme qui porte de l’or ou une femme qui ne porte pas le voile légal – al-hijab. 5. Donner au malade et à sa famille une leçon de dogme de façon à ce que leurs cœurs ne soient pas attachés à un autre qu’Allah. 6. Leur faire savoir que la façon de soigner est différente de celle des sorciers et des charlatans et que le Coran recèle guérison et miséricorde, comme l’a informé Allah le Puissant et le Majestueux. 7. Diagnostiquer son cas : pour cela poser des questions au malade pour s’assurer de la présence de tous les symptômes (…) ». Or, dans les témoignages communiqués, l’interlocuteur qui se présente comme soignant ne pose aucune question aux personnes. Il débute ainsi la « roqya » directement par une récitation du Coran. En outre, il est intéressant de souligner que dans l’un des témoignages communiqués à l’UFCM, l’interlocuteur demandait à la personne de remplir successivement des verres de lait, d’huile, d’eau etc. et de les poser par la suite sur la table de la salle à manger. Au point que la personne s’est retrouvée avec une multitude de verres posés sur la table. Le comble est que la personne ignorait ce qu’elle devait en faire lorsqu’elle a pris conscience de la tromperie. Nous constatons par conséquent qu’une « roqya » ne peut être réalisée dans un environnement quelconque. En effet, une procédure de diagnostic est essentielle. Nous pouvons à titre d’exemple faire le parallèle avec un rendez-vous chez le médecin ; ce dernier ne peut vous prescrire une ordonnance sans au préalable vous avoir ausculté et interrogé sur les différents symptômes que vous ressentez physiquement. A défaut, au lieu de guérir vous allez aggraver vos maux. Cette attitude vigilante du médecin traitant doit se retrouver lorsque nous envisageons le recours à une « roqya ». Pour illustrer ce propos, nous citerons l’exemple de l’anthropologue, spécialiste de l’islam européen, Farid El Asri, chercheur associé au Centre Jacques Berque, qui nous rapporte une situation alarmante suite à une « roqya » : « Une jeune femme en Belgique (…) est morte suite à une tentative d’exorcisme. Pendant les séances, les fkihs (imams) utilisent normalement de l’eau « coranisée ». Pour cette jeune femme, prétendument stérile, les exorcistes ont carrément plongé son visage dans l’eau et quand elle tentait d’en sortir pour respirer, les guérisseurs estimaient qu’il s’agissait du jinn qui l’habitait et ils replongeaient son visage dans l’eau. Pendant le procès, la famille de la défunte s’est présentée comme musulmane et a accusé ces pratiques d’être extérieures à l’islam quand les guérisseurs estimaient qu’ils avaient simplement fait ce qu’ils pouvaient. Le fait de recourir trop systématiquement au fkih risque également de faire passer une crise d’épilepsie, par exemple, pour une crise de possession. »[3] Nous allons aborder enfin la dernière problématique, celle relative aux honoraires du soignant. III- Les honoraires du soignant Le Prophète, bénédictions et salut sur lui, « a agréé les Compagnons qui ont été payés pour la roqya ». Il est dès lors autorisé de rémunérer un soignant en contrepartie d’une prestation. Toutefois, cette rémunération doit être raisonnable et surtout clairement définie avant le traitement. En outre, nous ne pouvons que souligner et rappeler que, si la roqya est réalisée dans un cadre sérieux, il convient de procéder à toutes les déclarations administratives. Comme pour tout contrat, vous devez exiger un document écrit et le praticien doit préciser quels sont ses engagements exacts afin d’éviter tout litige postérieur. Malheureusement, tous les témoignages transmis à l’UFCM soulignent que l’interlocuteur insiste à plusieurs reprises sur la gratuité de la prestation. Or, dans les faits, cette dernière est payante puisque le coût de la communication est surtaxé. Ainsi, l’une des victimes qui nous a contacté, s’est retrouvée avec une facture téléphonique (hors forfait) de 1800 euros. Par conséquent, nous constatons que ces « roqyas » gratuites sont fondées sur la technique dite du « call-back » qui consiste à amener une personne à rappeler un numéro surtaxé, information qui lui est bien évidemment dissimulée. Une « roqya » peut être payante à condition de respecter un cadre prédéterminé, fondé sur l’information et la transparence des honoraires. En conclusion A la lumière des développements susvisés, l’UFCM appelle d’une part à une régulation du métier de la pratique de la « roqya », d’autre part, à la vigilance de chacun à ne pas céder à la tentation d’une « roqya » qui ne serait pas réalisée dans les conditions requises et qui pourrait produire des effets inverses. Au-delà du cadre spirituel ou juridique, les divers témoignages reçus et étudiés par l’UFCM ne peuvent pas nous laisser indifférents à la question suivante : pourquoi des personnes sont-elles amenées à accepter aussi facilement une « roqya » par téléphone ? Est-ce la gratuité qui a déterminé leur choix ? Certes le mal-être produit par cette société est de plus en plus grand. Nous vivons une époque où les êtres sont de plus en plus coupés des signes de Dieu et vivent un rythme de vie effréné. Ces affaires sont révélatrices des maux les plus profonds qui touchent la communauté musulmane. Par ailleurs, comme l’ensemble des rites islamiques (hajj, halal, pompes funèbres) censés nous rappeler les limites qui déterminent la voie vers Dieu, nous constatons que leur marchandisation trahit de plus en plus leur vocation première. Suffit-il qu’un interlocuteur se présente à nous comme un « cheikh » ou un imam et qu’il nous propose une « roqya » gratuite pour l’accepter aussitôt Ne devrions-nous pas tous nous interroger sur le fait qu’il y ait des musulmanes et des musulmans aussi isolés et aussi ignorants de leur propre religion pour être trompés aussi facilement ? Sommes-nous devenus si dépendants des Hommes que nous en oublions de nous adresser directement à Dieu pour solutionner nos malaises ? Autant de questions que chacun d’entre nous a la responsabilité de se poser. En effet, aucun de nous ou de nos proches ne sont à l’abri d’une telle tromperie. Il convient enfin de rappeler que la « roqya » est un remède précis et qu’elle ne peut se faire que sous certaines conditions et surtout qu’elle demeure l’exception à la règle, qui est de toujours s’adresser directement à Dieu. Avant de recourir à une « roqya », il convient de faire une introspection sur ses propres pratiques cultuelles et de revenir.

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