Colonel Damoah seeks judicial review over OSP’s La Bianca report
The applicants' Colonel Damoah and Mr. Joseph Adu Kyei maintain that the Special Prosecutor acted ultra vires relative to the Office of the Special Prosecutor Act 2017 (Act 959), when it instituted an investigative panel and subsequently publishing the report.
The former Commissioner of Customs Division at the Ghana Revenue Authority, Colonel Kwadwo Damoah, and a former Deputy Commissioner of the Division, Joseph Adu Kyei have hauled the Office of the Special Prosecutor before the High Court, seeking judicial review of the OSP’s report on the La Bianca case.
On August 8, 2022, the Special Prosecutor released a report, relative to its investigation following a complaint made, alleging ongoing corrupt, illegal, and questionable dealings between La Bianca and the Customs Division resulting in unlawful markdown or reduction of benchmark values of frozen food products imported by Labianca under the guise of customs advance rulings.
In its findings, the OSP stated among others that frozen foods company, Labianca Group of Companies, owned by a member of the Council of State, Eunice Jacqueline Buah Asomah-Hinneh, evaded import duties.
The OSP report also noted that the decision by the Deputy Commissioner for Customs, in charge of operations, Mr. Joseph Adu Kyei to issue a customs advance ruling for La Bianca was procured through influence peddling of the company’s CEO who happens to be a member of the Council of State.
Furthermore, the report indicated that “the conduct of Mr. Adu Kyei and the placid coddling by Colonel (Rtd.) Damoah portends an institutionalized culture of lighthearted unconcern regarding the impropriety of action at the Customs Division of the Ghana Revenue Authority – which indicates a high propensity to engender corruption and corruption-related activities.”
But in the suit filed at the High Court, the applicants' Colonel Damoah and Mr. Joseph Adu Kyei maintain that the Special Prosecutor acted ultra vires relative to the Office of the Special Prosecutor Act 2017 (Act 959), when it instituted an investigative panel and subsequently publishing the report.
The applicants are thus seeking about 12 reliefs. They include among others:
A declaration that upon a true and proper interpretation of Sections 2(a), 3, and 79 of the Office of the Special Prosecutor, Act 2017 (Act 959) and Regulations 5, 6, and 7 of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L. I. 2374), the Special Prosecutor had no mandate or jurisdiction to have converted the Labianca Report and published in the electronic and print media for their trial by public opinion instead of in a court of law.
A Declaration that on a true and proper interpretation of Sections 2(a) and (b), 3 and 79 of the Office of the Special Prosecutor Act, 2017 (959) and Regulations 5, 6, and 7 of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L. I. 2374), Sections 12, and 151 of the Customs Act, 2015 (Act 891), and Sections 103 to 106 of the Revenue Authority Act, 2016 (Act 915), the proper statutory authority with jurisdiction to establish "the evasion and valuation of customs duties relating to frozen and processed food products imported into Ghana" is the Commissioner-General of the Ghana Revenue Authority and not the Special Prosecutor.
A declaration that on a true and proper interpretation of Sections 21 , 28, and 74 of the Office of the Special Prosecutor Act, 2017 (Act 959) and Regulations 2, 3, 1 2, 16, and 18 of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L. I. 2374), the Special Prosecutor acted ultra vires in allowing the 2nd respondent, to present himself as the Head of the Investigation Panel and to interview the applicants resulting in the report and recommendations of the investigation panel.
A declaration that all the proceedings from 10 January 2022, 19 January 2022 and 16 February 2022 of the investigative panel, together with the report are ultra vires, forbidden, illegal, irrational, procedurally improper and violative of the letter and spirit of Act 959 and L. I. 2374; and are accordingly null, void.
An order of Certiorari to quash and to remove from the Registry/Records of the Office of the Special Prosecutor, for purposes of being quashed, the proceedings of the investigation panel, particularly the report of the I st Respondent, Office of Special Prosecutor, dated 3 August 2022 called, "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"
An Order of Certiorari to quash and to remove from the Registry/Records of the Office of the Special Prosecutor the adverse findings of "conflict of interest", "influence peddling or trading of influence" or conduct and/or activity indicating " contained in the decisions and directions of the Labianca report.
The Office of the Special Prosecutor is named as first respondent and Mr. Emmanuel Amadu Basintale, a former Superintendent of Police at the Office of the Special Prosecutor is named as second respondent.
