OSP rejects Accra High Court's judgment on Labianca case

The Office of the Special Prosecutor has slammed the Accra High Court over its ruling on the Labianca case.

In a statement sighted by GhanaWeb, the OSP flatly rejected the reasons the court gave for quashing its adverse findings on the Labianca case in the report it issued on August 3, 2022, against Col. Damoah (Rtd) and Joseph Adu-Kyei.

According to the OSP, the court erred in its reasoning that it had no power to make the determination it made on the matter.

It argued that it is mandated by the law that establishes it to carry out such an investigation.


“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,” the OSP wrote.

The OSP added, “... the decision of the court is extremely inimical to the fight against corruption and the administration of justice for a court to prohibit investigations”.

Background:

A High Court in Accra invalidated a report by the Office of the Special Prosecutor (OSP) that implicated Colonel Kwadwo Damoah and Joseph Adu Kyei in the Labianca case, citinewrooom.com reports.

The court also imposed costs of GH¢10,000 on the OSP.

The OSP's report accused the former Commissioner and Deputy Commissioner of the Customs Division at the Ghana Revenue Authority (GRA) of misconduct in granting favourable tax treatment to Labianca Company, owned by Council of State member, Eunice Jacqzueline Buah Asomah-Hinneh.

Colonel Damoah and Joseph Adu Kyei filed a lawsuit in November 2022, asserting that the report lacked merit and harmed their reputations.

In its verdict, the High Court sided with the plaintiffs, determining that the OSP had overstepped its authority in making adverse findings.

The court issued a prohibition order, preventing the OSP from further investigating Damoah and Kyei in connection with the Labianca case.

BAI/OBG



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