The 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 Special Prosecutor.
Colonel Kwadwo Damoah, a former Commissioner of the Customs Division of the Ghana Revenue Authority (GRA), and Joseph Adu Kyei, a former Deputy Commissioner of the Division, were both accused of misconduct in the case by the OSP.
According to the investigation, the two officials exploited their positions to benefit Labianca firm, a frozen foods firm controlled by Council of State member Eunice Jacqueline Buah Asomah-Hinneh.
Damoah and Kyei filed a lawsuit against the OSP in November 2022, claiming that the report was flawed and had harmed their reputations.
The High Court concurred with the plaintiffs and held that the OSP had overstepped its powers in issuing the negative findings.
The court also issued an injunction barring the OSP from further probing Damoah and Kyei in relation to the Labianca case.
Bob Senyalah, the plaintiffs’ lawyer, praised the court’s decision, calling it a triumph for justice.
“The court awarded GHC 10,000 cedis cost against OSP. The court further granted an order of prohibition restraining the OSP from purporting to continue or conduct further investigations against the applicant”.
According to him, the ruling would help to restore the reputations of his clients.
Meanwhile, the Special Prosecutor has described it as inimical to the fight against corruption, a ruling by an Accra High Court.
In a press release dated November 27, 2023, the OSP said, “The decision of the court is extremely inimical to the fight against corruption and the administration of justice for a court to prohibit investigations.”
The OSP therefore rejected the decision of the court in its entirety.