Court quashes OSP’s report implicating Col Damoah, Adu- Kyei in Labianca Case 

An Accra High Court has quashed adverse findings in the report of the Office of the Special Prosecutor (OSP) that accused two former Ghana Revenue Authority (GRA) Commissioners of wrongdoing on August 3, 2022 in the famous Labianca case.

Colonel Kwadwo Damoah, a former Commissioner of GRA (Customs Division) and Joseph Adu- Kyei, a former Deputy Commissioner of GRA (Customs Division), were allegedly accused of using their positions to grant favourable tax treatment to Labianca Company, a frozen food firm owned by Jacqueline Buah Asomah Hinneh, a Council of State Member.

The two Commissioners, last year, dragged the OSP to court contending that the OSP’s report had caused damage to their reputation and same had no merit.

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 Mr Adu-Kyei in respect of the adverse findings.

The court presided over by Mr Justice William Boampong at the General Jurisdiction (High Court Division) in its ruling awarded cost of GH₵10,000 against the OSP.

Reacting to the ruling, 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.

It said 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 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 court held that the OSP exceeded its mandate in making its adverse findings against the two Commissioners.

The court noted that OSP acted ultra vires by purporting to make adverse findings against the Commissioners and further publishing the adverse report in the public domain thereby subjecting the applicants (the Commissioners) to public opinion trial.

It, therefore, quashed certain aspects of the reports relating to the applicants (the Commissioners) and granted an order restraining the OSP from further investigating the two Commissioners in the matter.

Mr Bob Sanyalah, the applicants lawyer, told journalists that he was elated over the ruling of the High Court.

The two Commissioners had gone to court praying it to dismiss the investigative report of the OSP relating to activities of Labianca Company.

Col. Damoah contended that the OSP’s report was targeted at him in person and same was to ‘bring him down’.

In the case of Adu-Kyei, the OSP’s report cited him for issuing unlawful customs advance ruling leading to the reduction of intended imports between the range of five to 10 percent to Labianca.

The two disagreed with the OSP’s report and proceeded to court to contest the findings.