Corruption-related complaint against La Bianca: OSP directs GRA to submit Integrity Plan
"The Special Prosecutor directs the Commissioner-General of the Ghana Revenue Authority to submit, on or before 31 December 2022, an Integrity Plan to the Office of the Special Prosecutor"
Office of the Special Prosecutor has directed the Ghana Revenue Authority to submit an Integrity Plan on or before December 31, 2022.
According to the OSP, this plan is aimed at preventing the corruption of the exercise of discretion by officials of the Customs Division, especially in respect of the rendering of rulings
“The Special Prosecutor directs the Commissioner-General of the Ghana Revenue Authority to submit, on or before 31 December 2022, an Integrity Plan to the Office of the Special Prosecutor designed with the aim of preventing the corruption of the exercise of discretion by officials of the Customs Division, especially in respect of the rendering of rulings, to assure the effective operation of the Customs Act, 2015 (Act 891) and the Revenue Administration Act, 2016 (Act 915).”
In its full report on the investigation into the alleged commission of corruption and corruption-related offenses involving La Bianca Group of Companies and the Customs Division of the Ghana Revenue Authority, the OSP has also directed the opening of a wider investigation in respect of the issuance of customs advance rulings and markdown of benchmark values between July 2017 and December 2021.
On 16 November 2021, the Office of the Special Prosecutor (hereafter, OSP) received a written complaint from Frank Asare against Labianca Group of Companies and its subsidiaries (hereafter, Labianca) and the Customs Division of the Ghana Revenue Authority (hereafter, Customs Division). 2.2
The complainant alleged ongoing corrupt, illegal, and questionable dealings between Labianca 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.
Subsequently, the OSP invited and interviewed the various parties that matter in the issue and came out with various findings including the fact that the Deputy Commissioner for Customs, Mr. Adu Kyei’s cited bases for his decision are untenable, and the decision finds its anchor on no other hypothesis but one – that it was borne of influence peddling or trading in influence.
It also made a finding that the coincidence of the indicated applications by La Bianca and the public office appointments of Ms. Asomah-Hinneh, its CEO to the Council of State, was not altogether accidental and that there is strong evidence to suggest that the events are a product of influence peddling.
Additionally, the report states that the application was almost outlandish as it, in effect, requested the acceptance by the Customs Division of a range of values between 50% - 80% lower than the approved benchmark values of the frozen foods in question.
Moreover, the OSP made the finding that “ there is strong evidence to suggest that Mr. Adu Kyei’s decision to issue a customs advance ruling for the applicants 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 a member of the Board of Directors of Ghana Ports and Harbours Authority.”
The OSP has meanwhile commended the complainant for his public spiritedness and sense of duty.
