The Office of the Special Prosecutor has whipped out an Accra High Court Ruling on a case against Col. Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), and Joseph Adu Kyei, a former Deputy Commissioner of the Division.
The OSP said the court’s ruling awarding immunity to the aforesaid two persons is a blow in the face in the fight against corruption.
Agreement to Kissi Agyebeng, the ruling will erode the progress made in the fight against corruption.
“The danger of this startling decision is again quite obvious. A judge has granted two people immunity from investigation and, in effect, immunity from prosecution. This decision opens up a calamitous deluge, as every person under criminal investigation will be encouraged to take out suits to prevent investigation and prosecution bodies from investigating and prosecuting them,”he said.
At a news conference on Wednesday, November 29, the Special Prosecutor found the trend disturbing.
“I do not intend to sound as though I’m predicting doom, but we are facing it, and this is it. With this development, it will not be long before a suspected murderer or armed robber will boldly walk to court with the unthinkable prayer that the court should induct law enforcement agencies into investigating him.”
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On Monday, a High Court invalidated a written report by the OSP that implicated Col. Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), and Joseph Adu Kyei, a former Deputy Commissioner of the Division, for utilizing their places to provide favorable tax treatment to Labianca Company, a frozen foods company.
Damoah and Kyei filed a lawsuit against the OSP in November 2022, contending that the report lacked merit and had harmed their reputations.
Afterwards, the court imposed costs of GH₵10,000 against the OSP and issued a suppressing order to prevent the OSP from further investigating the two.