OSP
Kissi Agyebeng is the Special Prosecutor
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The Office of the Special Prosecutor has urged Ghanaians to uphold the law enforcement agencies in the country in order not to jeopardise the nation’s democracy.

He says Ghana is lucky to be enjoying a relative peace and security should be cherished and traded on the altar of carelessness.

His comment comes on the back of the posture of the Judiciary on cases filed in court by the OSP which he says is stifling its mandate.

According to Mr. Agyebeng, the world going through troubling times currently and law enforcement agencies must be given the adequate support to safeguard the nation’s democracy in these trying times.

“We must uphold our institutions and strengthen them especially our law enforcement agencies. We should not take the relative peace and security we presently enjoy for granted. Globally, we live in very troubling times and we must guard our small slice of heaven at all cost.

“OSP must be supported in its work. Should the OSP fail, Ghana will utterly lose the fight against corruption with its attendant erosion of our democracy. Are we ready to fight corruption?” he quizzed.

Mr. Agyebeng’s comments come on the back of the ruling given by an Accra High Court regarding the matter between the Office and LaBianca Company Ltd. over tax evasion where some persons who felt defamed proceeded to court.

An Accra High Court cleared a 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 of any wrong doing over the Labianca report in which the OSP accused them.

The court awarded GH₵10,000.00 cost against the OSP when the duo sued the Office for defaming them.

They prayed the court to dismiss the investigative report by the Special Prosecutor into the activities of the frozen foods company.

The report alleged that the two officials used their positions to grant favourable 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 granted an order of prohibition restraining the OSP from further investigating Col. Damoah and Mr. 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.

Meanwhile, the OSP has, in a press release dated November 27, 2023, described the court’s decision as inimical to the fight against corruption.

“The decision of the court is extremely inimical to the fight against corruption and the administration of justice for a court to prohibit investigations,” it said.

The OSP therefore rejected 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 and its publication of the investigation report is in accordance with its statutory mandate,” the anti-corruption agency explained.

“The OSP will not permit this decision to stand,” it stated.

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