High Court quashes OSP report implicating Col Damoah in La Bianca case

A High Court in Accra has quashed a report by the Office of Special Prosecutor (OSP) that found wrongdoing by two individuals in the Labianca case. The court also awarded costs of GHC 10,000 against the OSP.

The OSP’s report had accused Colonel Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), and Joseph Adu Kyei, a former Deputy Commissioner of the Division, 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 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.

In its ruling, the High Court 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.

“The court awarded GHC 10,000 cedis cost against ASP. The court further granted an order of prohibition restraining the OSP from purporting to continue or conduct further investigations against the applicant”.

He said the ruling would help to restore the reputations of his clients, who had been “dragged through the mud” by the OSP’s report.