The Office of the Special Prosecutor (OSP) has rejected a decision by the High Court quashing adverse findings the anti-graft body found against two individuals in the Labianca case—Colonel Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), and Joseph Adu Kyei, a former Deputy Commissioner of the Division.
The Court concluded that, the OSP is not a court of competent jurisdiction or a Commission of Enquiry to make adverse findings.
The court also prohibited the OSP from further investigating Col. Damoah (Rtd) and Joseph Adu-Kyei in respect of the adverse findings.
It also awarded a GHc10,000 cost against the OSP.
However, reacting to the ruling, the OSP insisted that it did not constitute itself into a court or a Commission of Enquiry.
The OSP further said the decision of the court is extremely inimical to the fight against corruption, insisting that it will not permit the “decision to stand.”
“The OSP rejects 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.”
“Further, 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 will not permit this decision to stand.”
The OSP’s report had accused Colonel Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), and Joseph Adu Kyei, a former Deputy Commissioner of the Division, of wrongdoing in the case.
The report alleged that the two officials had used their positions to grant favourable tax treatment to Labianca Company, a frozen foods company owned by Council of State member Eunice Jacqueline Buah Asomah-Hinneh.
Damoah and Kyei sued the OSP in November 2022, arguing that the report was without merit and had damaged their reputations.
Read the statement by the OSP below
Case update
Republic V The Office of the Special Prosecutor.
Ex parte Col. Kwadwo Damoah/Joseph Adu-Kyei
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An Accra High Court on 27 November 2023 quashed adverse findings in the report of the OSP on 3 August 2022 against Col. Damoah (Rtd) and Joseph Adu-Kyei.
The Court concluded that, the OSP is not a court of competent jurisdiction or a Commission of Enquiry to make adverse findings. The court also prohibited the OSP from further investigating Col. Damoah (Rtd) and Joseph Adu-Kyei in respect of the adverse findings.
The OSP rejects 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.
Further, 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 will not permit this decision to stand.
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