The Office of the Special Prosecutor (OSP) has expressed worry over the turn of events on certain cases currently under investigation at its outfit that have had some rulings on them in court.
Kissi Agyebeng, the Special Prosecutor, has noted during an address with the media Wednesday, November 29, 2023, that “there is a hasty dismissiveness and lack of regard for the OSP”, a situation he deems unfavourable in Ghana’s quest to fight against corruption in the country.
According to the OSP, the fight against corruption has many setbacks in the country giving birth to the conception that, the novel idea of updating the public on the OSP’s cases in court may be at their own detriment.
“Indeed, I have had several calls from well-meaning lawyers admonishing me that they have heard talk that our friends who have been elevated to the Bench and presiding over cases in court do not take very kindly to criticism, especially of the public-calling-out variety. And that if the Office persists in the media releases, the judges will gang-up against the Office and throw out all our cases,” he indicated.
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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