The Office of the Special Prosecutor (OSP) has rejected the High Court’s decision to overturn the findings in the Labianca case against two individuals: 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.

An Accra High Court has overturned an Office of Special Prosecutor (OSP) report that found wrongdoing by 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, were both accused of wrongdoing in the Labianca case, according to the report.

The two were accused of abusing their positions to grant preferential tax treatment to Labianca Company, a frozen foods company owned by Council of State member Eunice Jacqueline Buah Asomah-Hinneh.

They then filed a complaint against the OSP, claiming that the report was false and had harmed their reputations.

The court ruled in favour of the plaintiffs, concluding that the OSP had exceeded its authority in making the negative findings.

The court also issued an injunction barring the OSP from further investigating Damoah and Kyei in relation to the Labianca case.

But reacting to the decision by the court, the OSP further 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.”

“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.”

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

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.