The Office of the Special Prosecutor (OSP) says it does not agree with the ruling of the Accra High Court on the Labianca case.

Early on Monday, a High Court nullified a report by the OSP that implicated Col 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, for utilising their positions to provide favorable tax treatment to Labianca Company, a frozen foods company.

Damoah and Kyei filed a lawsuit against the OSP in November 2022, contending that the report lacked merit and had harmed their reputations.

Subsequently, the court imposed costs of GH₵10,000 against the OSP and issued a restraining order to prevent the OSP from further investigating the two.

However, the OSP in a press release said it acted within its mandate in the case and never in any instance did the office overstep its authority.

The November 27 release said “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.”

The office added that the decision of the court was “extremely inimical to the fight against corruption and the administration of justice for a court to prohibit investigations.”

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.