Nyonkopa Cocoa Sets The Record Straight

We write as Barristers and Solicitors for and on behalf of NYONKOPA COCOA BUYING LIMITED, a subsidiary Company of Barry-Callebaut Ltd, the world’s largest chocolate manufacturing. We respectfully refer to your publication of 5th day of January, 2017 wherein you published a story about a theft incident of some quantities of bags of cocoa beans […]

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We write as Barristers and Solicitors for and on behalf of NYONKOPA COCOA BUYING LIMITED, a subsidiary Company of Barry-Callebaut Ltd, the world’s largest chocolate manufacturing.

We respectfully refer to your publication of 5^th day of January, 2017 wherein you published a story about a theft incident of some quantities of bags of cocoa beans concerning our client and some of its staff and the impounding of the vehicle by the Ashanti Regional Police Command.

We have our client’s instructions and we hereby execute to humbly request you to, as a matter of urgency and professional ethics, to retract the said publication as same being completely fabricated false and further publish a rejoinder giving it the same prominence as the original publication of the said date.

We kindly invite you to be guided in the publication of the said rejoinder with the following as the true facts and the indefeasible state of affairs which your paper failed and/or refused to advert its mind by way of consultation of our client before putting up the said fabricated false story.

“One Rahman who worked for a rival company Unicom Commodities but ceased to work for it in September, 2016 and commenced to work for our client, Nyokonpa Cocoa Buying as FH. At the time of severance ties, he owed Unicom Commodities, 165 bags out of which 140 has been lying in his depot at a village called Nfante close to Asumura township, he indicated that the 25 bags – he didn’t pay as Unicom owed him on account of PC and Franchisee commissions.

He even indicated that he had even offered to give Unicom Commodities cash as a refund at some point when he realized that Unicom were not coming for the stocks but the new Area manager told him that, they have already reported the stocks so they prefer the stocks. He also indicated that, one Richard (the head of Business for Unicom) thought he could convince him to rescind his decision of working for us through his frequent visits and numerous plea hence the delay in picking the stocks.

The said Rahman made it clear that, he had never dealt with Unicom nor any of their agents at the commencement of the 2016/17 Main Crop season, so it was strange that anybody in Unicom could make a case as if he has some balances to be cleared. The said Rahman who since has been working for our client, loaded a truck with about 600 graded bags of cocoa beans from a depot belonging to our client at Asumura to the port but the said truck was impounded by the Ashanti Regional Police Command.

Apparently when our client inquired on the 3^rd day of January, 2017, at the said Regional Command, it was informed that Unicom alleged that their graded stocks have been diverted for Nyonkopa a call came through their Regional Commander COP  KOFI BOAKYE to detain the driver for further investigations.

However, The vehicle documents related to the cocoa( way bill, QCC certificate ) in the name of Nyonkopa were handed over to the police by the driver, Kwasi Agyemang  for verification. Our client claimed the ownership of the bags of cocoa as there was no legal basis for Unicom to cause the arrest of our truck which was legally loaded from our client’s warehouse at Asumura. 

The Unicom team comprising of  Muzammil Mohammed, Head of Business, Richard Suwli (Acting LBC Head and the Area manager) was at the station. They claimed that thesaid Rahman was owing them 405 bags and hence caused the arrest of the truck. 

Both the teams assembled at the office of the said Regional crime officer and after going through the two written statements and some verbal narrations and the cocoa documents the Crime officer established the following;

1. That the Ashanti Regional Police command even lacks jurisdiction to handle this case in that the case happened at Asumura and for the matter the case should have been handled at Brong Ahafo.
2. That the 405 bags being claimed by Unicom is not correct and accurate in that, the remaining balance of 240 bags is with One Stanley Kwadwo Yeboah who is currently working for Unicom as a FH at Kasapin.
3. That, police cannot impound the truck because the stocks are in Nyonkopa’s name and were  legally graded and sealed in Nyonkopa’s  name.

Our team further asked Richard to confirm  whether he was not aware that the said Rahman has stopped working with them since September 2016, his answer clearly confirmed that their action lacked merit and it was borne out of malice.

The following consensus was reached at the said Regional CID’s office after the discussions:. 

1. That the truck be unconditionally be released to continue to its destination. 
2. That Unicom should go for their 140  bags.
3. That all payables due the said Rahman with Unicom should be calculated by Thursday so that it can be used to offset the remaining 25 bags.
4. That the remaining bags of 240 bags should be sorted out with Stanley at the presence of William Larbi( Nyonkopa SM ), the AM of Unicom and Rahman so that nobody will come back and lay any fresh claims.”

We respectfully entreat you to take this letter as amicable means of arriving at a fait-accompli since your publication has had an adverse effect on our client and its said holding Company, Barry-Callibaut Plc.

You are therefore expected to place the rejoinder with the same prominence within one week from the receipt of this letter in default our client shall take legal action to assert its right and consequential effects.

You can call lawyer Frank Kwadwo Otoo on 0244724684/0266615265 for clarification if any.

Please, be advised accordingly.

Yours faithfully,

FRANK KWADWO OTOO ESQ.,

O & ALEGAL CONSULT

KUMASI

THE EDITOR-IN-CHIEF

CHRONICLE NEWSPAPER

37 BOBO STREET

TESANO-ACCRA

COPIES TO THE HEREIN:

1. THE MANAGING DIRECTOR

NYONKOPA COCOA BUYING LIMITED

KUMASI

2. THE EDITOR

CHRONICLE NEWSPAPER

KUMASI-OFFICE

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