A former Commissioner of Customs Division of the Ghana Revenue Authority, Colonel Kwadwo Damoah and a Deputy Commissioner of the Division, Joseph Adu-Kyei have secured a restraining order against the Office of the Special Prosecutor (OSP) from further investigating them.
This was after the Court granted a request from the duo in the nature of a Certiorari and prohibition against the OSP over the Labianca report.
The Court presided over by Justice William Boampong, awarded a cost of GHc10,000 against the OSP in favour of the Applicants.
On August 8, 2022, the OSP published an investigative report which revealed that Labianca Group of Companies, a frozen foods company owned by a member of the Council of State, Eunice Jacqueline Buah Asomah-Hinneh, evaded import duties in excess of ¢1.074 million.
The OSP contended that Ms Asomah-Hinneh used her position as a member of the Council of State and member of the Board of Directors of the Ghana Ports and Harbours Authority (GPHA) to get a favourable decision from the Customs Division.
This report implicated Col. Damoah who was indicted in corruption-related acts involving Labianca as well as Deputy Commissioner of Customs.
Dissatisfied with the Report of the OSP, the two filed a writ at the High Court seeking the court to dismiss the Investigative Report by the Special Prosecutor into the activities of Labianca Company Limited, a frozen foods company.
The Applicant also sought a restraining order against the OSP from further publication and investigations.
Ruling on the matter on Monday, November 27, 2023, Justice William Boampong, the presiding judge said, the OSP acted without mandate by purporting to make adverse finding against Col. Damoah and Joseph Adu-Kyei when it published the same report in the public domain.
The Court also ruled that, the OSP assumed the position of Competent Jurisdiction or a Committee of enquiry by making adverse findings against the Applicants.
Justice William Boampong, consequently, granted the request for Certiorari and further restrained the OSP from further investigating the Applicants.
It would be recalled that, when the Labianca report was released, Col Damoah accused the OSP of targeting his person in an attempt to bring him down.
In his view, the report is hollow and actuated by malice.
The OSP called for wider investigations into the Customs Division of the GRA and demanded for a copy of Integrity plans to prevent corruption.
The former Commissioner and Deputy Commissioner then filed the suit at the High Court after Col. Damoah was indicted in corruption-related acts involving Labianca.
A Council of State member, Eunice Jacqueline Buah Asomah-Hinneh, who owns Labianca Company and is a member of the Board of Directors of the Ghana Ports and Harbours Authority was accused of using her position to get a favourable decision from the Customs Division of the GRA, leading to a reduction in her company’s tax liabilities.
A Deputy Commissioner of Customs in charge of Operations, Joseph Adu-Kyei, was cited for issuing unlawful customs advance rulings to Labianca, per the OSP’s report.
This led to the reduction of the values of intended imports between a range of 5 percent and 10 percent below the benchmark values.
The ruling was said to have been approved by Col. Damoah.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
