According to the Office of the Special Prosecutor (OSP), it disagrees with the Accra High Court’s decision in the Labianca case.
Early on Monday, a High Court overturned an OSP report that accused Joseph Adu Kyei, a former Deputy Commissioner of the Division, and Col Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), of using their positions to give the frozen food company Labianca Company preferential tax treatment.
In November 2022, Damoah and Kyei sued the OSP, claiming that the report was unfounded and had damaged their reputations.
The OSP was then ordered to pay GH₵10,000 in costs, and the court also issued a restraining order to stop the OSP from looking into the two any further.
In contrast, the OSP stated in a press release that it handled the case within the parameters of its mandate and never went beyond its bounds.
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.”
