The Office of the Special Prosecutor (OSP) has recently encountered a setback in its pursuit of justice. The High Court has made a decision to quash adverse findings that the OSP had found against two individuals involved 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 the subjects of these adverse findings.
The Court's ruling stated that the OSP is neither a court of competent jurisdiction nor a Commission of Enquiry, and therefore, it does not possess the authority to make adverse findings. In addition, the OSP has been prohibited from further investigating Colonel Damoah and Joseph Adu-Kyei in relation to these adverse findings. The Court has also imposed a cost of GHc10,000 against the OSP.
In response to this ruling, the OSP has expressed its disagreement and rejection of the decision in its entirety. The OSP firmly asserts that it did not assume the role of a court or a Commission of Enquiry during its investigation. The findings were based on thorough investigations conducted by the OSP, and it is within the OSP's legal mandate to publish detected acts of corruption and present its investigation report.
Furthermore, the OSP has raised concerns regarding the detrimental impact of this decision on the fight against corruption. It believes that for a court to prohibit investigations is detrimental to the administration of justice. The OSP is determined not to allow this decision to stand, as it believes it undermines the efforts to combat corruption.
The OSP's report had initially accused Colonel Kwadwo Damoah and Joseph Adu Kyei of engaging in wrongful activities in relation to the Labianca case. The report alleged that these officials had utilized their positions to provide favorable tax treatment to Labianca Company, a frozen foods company owned by Council of State member, Eunice Jacqueline Buah Asomah-Hinneh.
In light of these allegations, Damoah and Kyei took legal action against the OSP in November 2022. They argued that the report lacked merit and had caused significant damage to their reputations.
This recent development highlights the complexities and challenges faced by anti-graft bodies like the OSP in their pursuit of justice. It underscores the need for a robust legal framework that empowers such institutions to carry out their duties effectively and without hindrance. The outcome of this case will undoubtedly have implications for future anti-corruption efforts in Ghana.
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.
(This article is sourced from citinewsroom.com and curated by Monica Bellew |Mydailyreports24)
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