La Bianca: High Court grants Colonel Damoah's certiorari against OSP's report
The two former Commissioners had hauled the OSP before the court seeking judicial review of the OSP’s report on the La Bianca case, saying that the Special Prosecutor had no jurisdiction when it converted the Labianca Report and published it in the media.
An Accra High Court has quashed the Office of the Special Prosecutor's (OSP) report that implicated a former Commissioner of Customs Division at the Ghana Revenue Authority, Colonel Kwadwo Damoah, and his Deputy, Joseph Adu Kyei for impropriety over the issuance of a customs advance ruling for La Bianca Company Limited, importers of frozen food products.
The two former Commissioners had hauled the OSP before the court seeking judicial review of the OSP’s report on the La Bianca case, saying that the Special Prosecutor had no jurisdiction when it converted the Labianca Report and published it in the media.
They had also sought an order of certiorari to quash the OSP's adverse findings of "conflict of interest", and "influence peddling or trading of influence" contained in the decisions and directions of the Labianca report.
In a ruling today, November 27, the court said it found the OSP to have acted without mandate by assuming the position of a court of competent jurisdiction or a committee of enquiry when it made those adverse findings against the applicants and proceeded to publish same in the public domain.
It also granted an order of prohibition, restraining the OSP from purporting to continue or conduct further investigations against the applicants, and the awarded cost of GHC 10,000 against the OSP.
Background
La Bianca dominated media discussion a year ago after a report by the OSP cited the company and its CEO for alleged corrupt dealings and influence peddling in procuring customs advance ruling.
On August 8, 2022, the Office of the Special Prosecutor released its full report into a complaint of alleged corruption and corruption-related activities involving Labianca Company in which it 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.”
The OSP in its report also noted that the said customs advance ruling issued by Mr. Adu Kyei to the company 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 report accused Colonel Kwadwo Damoah for staying unconcern regarding the" impropriety of action at the Customs Division of the Ghana Revenue Authority", which it said had the potential to fuel corruption and corruption-related activities.
