Former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), Col Kwadwo Damoah (Rtd) and a former Deputy Commissioner of the Division, Joseph Adu Kyei, have dragged the Office of the Special Prosecutor(OSP) to an Accra High Court.
The two want the court to quash an investigative report by the OSP on Labianca Company Limited.
A report published by the Special Prosecutor in August 2022 contained the findings of investigations into alleged corruption against Labianca and the Customs Division.
According to the report, Labianca Company Limited, a company owned by a member of the Council of State, Ms. Eunice Jacqueline Asomah-Hinneh, evaded taxes for years.
It also added that Ms. Asomah-Hinneh capitalized on 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 and so accused her of influence-peddling.
The then Deputy Commissioner for Customs in charge of operations, Mr. Joseph Adu Kyei, was cited for issuing the unlawful customs advance ruling, which reduced the company’s tax liabilities to the state.
However, Colonel Kwadwo Damoah (Rtd), who was the Commissioner of Customs Division at GRA, rejected claims by the OSP.
Addressing management staff at a Kumasi retreat, he stressed that the findings were unacceptable and intended to dent his image and that of other officials.
“The Office of the Special Prosecutor is trying to indict the deputy and me. Anyone of you who has read that report will know very well the basis of that,” he added.
Based on this, the two 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 the same in the electronic and print media.
Read the full court documents below
[gview file=”https://www.theghanareport.com/wp-content/uploads/2022/11/Special-Prosecutor-2.pdf”]
[gview file=”https://www.theghanareport.com/wp-content/uploads/2022/11/ORDER-FOR-REVIEW.pdf”]
Meanwhile, the president directed Col Damoah to hand over his duties to an acting Deputy Commissioner, Seidu Iddrisu Iddisah.
This followed the expiration of his contract of service as Commissioner (Customs Division) of the Ghana Revenue Authority on 13 October 2021.
A letter addressed to Col. Damoah dated 26 August 2022 and signed by Secretary to the President, Nana Asante Bediatuo, said, “the President of the Republic has directed that effective Friday, 26 August 2022, you hand over your duties and office to the acting Deputy Commissioner (Preventive Service), Mr Seidu Iddrisu Iddisah, who will act as the Commissioner (Customs Division) pending the President’s substantive appointment.”
