The Office of the Special Prosecutor (OSP) has lost yet another case involving Colonel Kwadwo Damoah, a former Commissioner of the Customs Division of the Ghana Revenue Authority (GRA).
OSP appears to be failed to do due deligent before making a pronouncement on the case leading to Col Damoah running to the High Court in Accra as the court has identified some lapses in its fact brought to it for adjudication.
The High Court has quashed a report by the OSP that found supposed wrongdoing by two individuals in the Labianca case.
The court also awarded costs of GHC 10,000 against the OSP.
This comes after the OSP’s report accused Colonel Damoah and Mr. Joseph Adu Kyei, a former Deputy Commissioner of Customs of wrongdoing in the case.
The report alleged that the two officials had used their positions to grant favourable tax treatment to Labianca Company, a frozen foods company owned by a Council of State member, Eunice Jacqueline Buah Asomah-Hinneh.
Damoah and Kyei sued the OSP in November 2022, arguing that the report was without merit and had damaged their reputations.
However, the court in its ruling, agreed with the plaintiffs and 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 Damoah and Kyei in connection with the Labianca case.
The lawyer for the plaintiffs, Bob Senyalah, welcomed the court’s decision, saying it was a victory for justice.
By Vincent Kubi