The Office of the Special Prosecutor (OSP) has expressed disagreement with the ruling of the Accra High Court in the Labianca case, where the OSP's report implicating two former officials was nullified.
Earlier on Monday, the High Court nullified a report by the OSP that implicated Col 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, for allegedly providing favourable tax treatment to Labianca Company, a frozen foods company.
Damoah and Kyei filed a lawsuit against the OSP in November 2022, arguing that the report lacked merit and damaged their reputations.
The court not only nullified the report but also imposed costs of GH₵10,000 against the OSP and issued a restraining order preventing further investigations into the two individuals.
In response, the OSP released a statement asserting that it had acted within its mandate and had not exceeded its authority in the Labianca case.
The November 27 release stated, “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. Its publication of the investigation report is in accordance with its statutory mandate.”
The OSP contended that the court's decision was “extremely inimical to the fight against corruption and the administration of justice for a court to prohibit investigations.”
The office reiterated its commitment to fulfilling its statutory duties and contributing to the fight against corruption in the country.