Accra-Ghana, Nov. 27, GNA – An Accra High Court has quashed Office of the Special Prosecutor (OSP’s) report that accused two former Ghana Revenue Authority (GRA) Commissioners of wrongdoing in the famous Labianca case.
Colonel Kwadwo Damoah, a former Commissioner of GRA (Customs Division) and Joseph Adu- Kyei, a former Deputy Commissioner of GRA (Customs Division), were allegedly accused of using their positions to grant favourable tax treatment to Labianca Company, a frozen food firm owned by Jacqueline Buah Asomah Hinneh, a Council of State Member.
The two Commissioners, last year, dragged the OSP to court contending that the OSP’s report had caused damage to their reputation and same had no merit.
The court presided over by Mr Justice William Boampong at the General Jurisdiction (High Court Division) in its ruling awarded cost of GHC 10,000 against the OSP.
The court held that the OSP exceeded its mandate in making its adverse findings against the two Commissioners.
The court noted that OSP acted ultra vires by purporting to make adverse findings against the Commissioners and further publishing the adverse report in the public domain thereby subjecting the applicants (the Commissioners) to public opinion trial.
It, therefore, quashed certain aspects of the reports relating to the applicants (the Commissioners) and granted an order restraining the OSP from further investigating the two Commissioners in the matter.
Mr Bob Sanyalah, the applicants lawyer, told journalists that he was elated over the ruling of the High Court.
The two Commissioners had gone to court praying it to dismiss the investigative report of the OSP relating to activities of Labianca Company.
Col. Damoah contended that the OSP’s report was targeted at him in person and same was to ‘bring him down’.
In the case of Adu-Kyei, the OSP’s report cited him for issuing unlawful customs advance ruling leading to the reduction of intended imports between the range of five to 10 percent to Labianca.
The two disagreed with the OSP’s report and proceeded to court to contest the findings.
