The Office of the Special Prosecutor (OSP) has rejected a High Court decision quashing the anti-graft body’s adverse findings 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 ruled that the OSP is not a court of competent jurisdiction or a Commission of Enquiry with the authority to make adverse conclusions.
The court further barred the OSP from further probing Col. Damoah (Rtd) and Joseph Adu-Kyei in light of the negative findings.
It also assessed a GHc10,000 cost against the OSP.
However, in response to the verdict, the OSP argued that it was not a court or a Commission of Enquiry.
The OSP also stated that the court’s judgement is particularly detrimental to the battle against corruption and that it will not allow the “decision to stand.”
“The OSP rejects the court’s decision in its entirety.” The OSP did not form itself into a court or a Commission of Enquiry in reaching its conclusions. The results were based on OSP investigations, and the OSP is required by law to reveal detected acts of corruption, and the publication of the investigative report is in conformity with that mandate.”
“Furthermore, for a court to prohibit investigations is extremely detrimental to the fight against corruption and the administration of justice.” This decision will not be upheld by the OSP.”
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, were both accused of wrongdoing in the case by the OSP.
According to the investigation, the two officials used their positions to benefit Labianca Company, a frozen foods company controlled by Council of State member Eunice Jacqueline Buah Asomah-Hinneh.
Damoah and Kyei filed a lawsuit against the OSP in November 2022, claiming that the report was false and had harmed their reputations.
