The Special Prosecutor says the recent judgment on the Labiabca case only opens the floodgates for suspects to demand the halting of investigations against them.
According 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 in the process granted two persons 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 injunct investigation and prosecution bodies from investigating and prosecuting them,” he said.
On Monday, a High Court nullified a 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 utilising their positions 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.
Subsequently, the court imposed costs of GH₵10,000 against the OSP and issued a restraining order to prevent the OSP from further investigating the two.
However, the OSP in a press release said it acted within its mandate in the case and never in any instance did the office overstep its authority.
At a news conference on Wednesday, November 29, the Special Prosecutor found the trend troubling.
“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, a suspected murderer or armed robber will boldly walk to court with the unthinkable prayer that the court should injunct law enforcement agencies from investigating him.”
