High Court dismisses OSP’s suit against Col Damoah; awards GH₵10k cost
An Accra High Court has dismissed a case by the Office of the Special Prosecutor (OSP) that was filed against the former Commissioner of Customs Division at the Ghana Revenue Authority (GRA), Colonel Kwadwo Damoah (Rtd), and a former Deputy Commissioner of the Division, Joseph Adu Kyei, over the Labianca report.
The court also awarded GH₵10,000.00 cost against the OSP.
The two sued the OSP over the Labianca report, citing defamation and unprofessional conduct.
They 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.
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 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.
Special Aide to Col Damoah Rtd, Kwame Yeboah, in an interview with the media, expressed satisfaction with the ruling.
He said the ruling shows the laws in Ghana are working.
The Office of the Special Prosecutor (OSP) has described as inimical to the fight against corruption, a ruling by an Accra High Court that cleared two former officials of the Customs Division of the Ghana Revenue Authority of any wrongdoing.
In a press release dated November 27, 2023, the OSP said, “The decision of the court is extremely inimical to the fight against corruption and the administration of justice for a court to prohibit investigations.
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