OSP decries High Court ruling on findings against Col Damoah in Labianca report

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 wrongdoing. 

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 the Customs Division of the Ghana Revenue Authority (GRA), Colonel Kwadwo Damoah (Rtd), and a former Deputy Commissioner, Joseph Adu Kyei, prayed to the court to dismiss the investigative report by the Special Prosecutor into the activities of Labianca Company Limited, a frozen foods company.

The report alleges 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 awarded GH₵10,000.00 in costs 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.