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Full report: How Special Prosecutor recovered GH¢1.074m from Council of State member's company Labianca

By Justice Kofi Bimpeh
Special Prosecutor, Kissi Agyebeng
Special Prosecutor, Kissi Agyebeng
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The Office of the Special Prosecutor (OSP) has in a report indicated how they recovered GH¢1.074 million from Labianca Company Limited, owned by a member of the Council of State, Ms Eunice Jacqueline Buah Asomah-Hinneh.

A copy of the report available to PrimeNewsGhana dated August 3, 2022, titled: "Report of Investigation into Alleged Commission of Corruption and Corruption Related Offences involving Labianca Group of Companies and the Customs Division of the Ghana Revenue Authority" said the amount represents a shortfall in import duties the frozen foods company paid to the state.

"On 21 March 2022 the Special Prosecutor issued an interim directive to Labianca Company Limited to pay an amount of One Million Seventy-Four Thousand cedis Six Hundred and Twenty-Seven cedis Fifteen pesewas (GHC1,074,627.15), representing the short collection or shortfall of revenue arising from the issuance of the unlawful customs advance ruling by the Deputy Commissioner for Customs in charge of operations, Mr. Joseph Adu Kyei into the Asset Recovery Account of the Office of the Special Prosecutor"

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The report accused Ms Asomah-Hinneh of influence-peddling for allegedly using 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 of the Ghana Revenue Authority (GRA), which led to a reduction in the tax liabilities of Labianca Limited.

Influence-peddling or trading of influence is a form of corruption in which a person uses his or her position or political influence to gain unmerited favours.

The OSP faulted a Deputy Commissioner of Customs in charge of Operations, Joseph Adu Kyei, for issuing what it described as unlawful customs advance ruling which reduced the benchmark values of the frozen foods imported by Labianca Limited, thereby reducing the company's tax obligations to the state, reports Graphic Online's Emmanuel Ebo Hawkson.

Full report below:

 "The OSP finds that there is strong evidence to suggest that Mr Kyei's decision to issue a customs advance ruling for the applicant was procured through influence peddling or trading of influence by Ms Asomah-Hinneh by employing her position as a member of the Council of State and member of the Board of Directors of the GPHA, the report, signed by the Special Prosecutor, Kissi Agyebeng, stated.