High Court clears Col Damoah over OSP report findings in Labianca case

An Accra High Court

 has cleared the former Commissioner of Customs Division at the Ghana Revenue Authority (GRA), Colonel Kwadwo Damoah (Rtd), and a former Deputy Commissioner of the Division, Joseph Adu Kyei, of any wrongdoing over the Labianca report.

The court also awarded GH₵10,000.00 in costs against the OSP.

The two sued the OSP over the Labianca report.

They 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 favorable 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.

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 granted an order of prohibition restraining the OSP from further investigating Col. Damoah and Mr. Kyei in connection with the Labianca case.

The lawyer for the plaintiffs, Bob Senyalah, welcomed the court’s decision, saying it was a victory for justice.

The court further granted an order of prohibition restraining the OSP from purporting to continue or conduct further investigations against the applicant.

Special Aide to Col Damoah Rtd, Kwame Yeboah, in an interview with Onua TV, expressed satisfaction with the ruling.

He said the ruling shows the laws in Ghana are working.

Col. Damoah Rtd., after his dismissal from the GRA on October 13, 2021, by President Akufo-Addo, is currently contesting for the Jaman South NPP primary.

The primary is scheduled for Saturday, December 2, 2023.

Meanwhile, the OSP has, in a press release dated November 27, 2023, described the court’s decision as inimical to the fight against corruption.

“The decision of the court is extremely inimical to the fight against corruption and the administration of justice for a court to prohibit investigations,” it said.

The OSP therefore rejected the decision of the court in its entirety.

“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.