Ghana: Court Quashes Adverse Findings Against Col. Damoah, Adu-Kyei

28 November 2023

The Accra High Court yesterday stopped the Office of the Special Prosecutor from further investigating Colonel Kwadwo Damoah and Joseph Adu-Kyei, both former Commissioner of Customs of the Ghana Revenue Authority (GRA) and Deputy Commissioner of Customs, GRA respectively.

The court also quashed adverse findings made against them by the OSP.

In August 2022, the Special Prosecutor, Mr Kissi Adjabeng published a report which revealed that Mrs Eunice Jacqueline Buah Asomah-Hinneh, a

member of the Council of State and owner of Labianca Group of Companies, evaded import duties of more than GH¢1.074 million.

In the report, the SP stated that Mrs Asomah-Hinneh used 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.

The report implicated Col. Damoah who was indicted in corruption-related acts involving Labianca as well as Deputy Commissioner of Customs.

Following that, Col. Damoah filed two motions in the nature of certiorari to quash the adverse findings made against him by the

SP and a prohibition to stop the SP from further investigating him.

His request was granted by the court presided over by Justice William Boampong in a ruling yesterday.

Mr Justice Boampong also awarded cost of GH¢10,000 against the OSP.

Mr Justice Boampong said the OSP acted without mandate by purporting to make adverse findings against Col. Damoah and Joseph Adu-Kyei when it published the same report in the public domain.

He said the OSP assumed the position of competent jurisdiction or a committee of enquiry by making adverse findings against the applicants.

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