The OSP contended that “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 by its statutory mandate,” the anti-corruption agency explained.
“The OSP will not permit this decision to stand,” it stated.
The two persons, a former Commissioner of the Customs Division of the Ghana Revenue Authority (GRA), Colonel Kwadwo Damoah (Rtd), and a former Deputy Commissioner, Joseph Adu Kyei, prayed the court to dismiss the investigative report by the Special Prosecutor into the activities of Labianca Company Limited, a frozen foods company.
The report alleged that the two officials used their positions to grant favorable tax treatment to Labianca Company, owned by Council of State member Eunice Jacqueline Buah Asomah-Hinneh.
Col. Damoah Rtd and Kyei sued the OSP in November 2022, arguing that the report was without merit and had damaged their reputations.
The High Court in its ruling on Monday, November 27, 2023, said it found that the OSP had exceeded its authority in making the adverse findings.
The court also awarded GH₵10,000.00 cost against the OSP as well as granted an order of prohibition restraining the OSP from further investigating Col. Damoah and Mr. Kyei in connection with the Labianca case.
The court further granted an order of prohibition restraining the OSP from purporting to continue or conduct further investigations against the applicant.