Colonel (Rtd) Kwadwo Damoah, a former Commissioner, Customs Division, Ghana Revenue Authority, and Joseph Adu Kyei, a former deputy Commissioner of the Division, have dragged the Office of the Special Prosecutor to an Accra High Court over the now famous Labianca corruption report.
The two in their writ, want the court to set aside the Labianca report by the Office of the Special Prosecutor, OSP.
Contents of the filed document sighted by GhanaWeb states that the work done by the OSP was unconstitutional.
Therefore, they want the court to quash and remove the said report from the Registry/Records of the Office of the Special Prosecutor.
They also want the court to prohibit the Special Prosecutor from investigating and issuing any reports or making adverse findings against them or other persons similarly situated, and publishing same in the electronic and print media.
The OSP on August 8, 2022, published an investigative report into the activities of the Labianca Group of Companies.
In the said report, Labianca Group of Companies, a frozen foods company owned by a member of the Council of State, Eunice Jacqueline Buah Asomah-Hinneh, evaded import duties.
The report also said an amount of ¢1.074 million representing a shortfall in import duties paid to the state must be recovered.
The Special Prosecutor indicated that Ms Asomah-Hinneh used her position as a member of the Council of State and member of the Board of Directors of the Ghana Ports and Harbours Authority (GPHA) to get a favourable decision from the Customs Division.
On the part of the Deputy Commissioner of Customs in charge of Operations, Joseph Adu Kyei, the Special Prosecutor cited him in the report for issuing what it described as an unlawful customs advance ruling.
The report said the ruling reduced the benchmark values of the goods imported by Labianca Limited translating to reduced tax obligations of the company to the state.
Col. Kwadwo Damoah reacting to the reportage described the Special Prosecutor, Kissi Agyabeng, as a ‘small boy’ and insisted that the Labianca report was released with malicious intent.
He said the report was meant to discredit the reputation of Customs officers. He was relieved of his duties by President Nana Addo Dankwa Akufo-Addo weeks after the report was released.
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