The Office of the Special Prosecutor (OSP) has described as inimical to the fight against corruption, a ruling by an Accra High Court that cleared two former officials of the Customs Division of the Ghana Revenue Authority of any wrong doing.
In a press release dated November 27, 2023, the OSP said, “The decision of the court is extremely inimical to the fight against corruption and the administration of justice for a court to prohibit investigations.”
The OSP therefore rejected the decision of the court in its entirety.
The two persons, a former Commissioner of Customs Division of the Ghana Revenue Authority (GRA), Colonel Kwadwo Damoah (Rtd) and a former Deputy Commissioner , Joseph Adu Kyei, prayed the court to dismiss the investigative report by the Special Prosecutor into the activities of Labianca Company Limited, a frozen foods company.
The report alleged that the two officials used their positions to grant favourable tax treatment to Labianca Company, owned by Council of State member Eunice Jacqueline Buah Asomah-Hinneh.
Col. Damoah rtd and Kyei sued the OSP in November 2022, arguing that the report was without merit and had damaged their reputations.
They sought the Following reliefs:
(ii). A Declaration that the 1st Respondent acted without authority or jurisdiction in making decisions containing adverse findings and directives against the Applicants or any other person as protected witnesses when they had not been cautioned or charged with any specified suspected corruption and /or corruption-related offence(s).
(iii). A Declaration that the proper statutory authority with jurisdiction to establish “the evasion and valuation of customs duties relating to frozen and processed food products imported into Ghana” is the Commissioner-General of the Ghana Revenue Authority and not the 1st Respondent acting by the Special Prosecutor.
(iv). A Declaration that the 1st Respondent acted ultra vires in holding out, permitting, and allowing the 2nd Respondent, to present himself as the Head of the Investigation Panel when the 2nd Respondent was not an authorized officer or investigator of the 1st Respondent.
(v). A Declaration that there is no corruption/and or corruption-related offence(s) known as “conflict of interest”, “influence peddling or trading of influence” or conduct and/or activity indicating.”
(vi). A Declaration that accordingly, any and/ or all the purported proceedings from 10 January 2022, 19 January 2022 and 16 February 2022 together with the report and recommendations of the investigation panel are ultra vires and violation of the letter and spirit of the OSP law and are accordingly null, void and without effect whatsoever
The High Court in its ruling on Monday, November 27, 2023, said it found that the OSP had exceeded its authority in making the adverse findings.
The court also awarded GH₵10,000.00 cost against the OSP as well as granted an order of prohibition restraining the OSP from further investigating Col. Damoah and Mr. Kyei in connection with the Labianca case.
The court further granted an order of prohibition restraining the OSP from purporting to continue or conduct further investigations against the applicant.
The lawyer for the plaintiffs, Bob Senyalah, welcomed the court’s decision, saying it was a victory for justice.
However, the OSP contended that, “In arriving at the findings of the matter, the OSP did not constitute itself into a court or a Commission of Enquiry. The findings were based on investigations carried out by the OSP and the OSP is mandated by law to publish detected acts of corruption and its publication of the investigation report is in accordance with its statutory mandate,” the anti-corruption agency explained.
“The OSP will not permit this decision to stand,” it stated.
