Corruption Watch Ghana has commended the Special Prosecutor for his latest investigation, into a complaint of corruption and corruption-related offences against Labianca Company Ltd and the Customs Division of the Ghana Revenue Authority.
An official report said the Office of the Special Prosecutor (OSP) has recovered over GHC1 million in unpaid import duties from Labianca Foods, which is owned by Eunice Jacqueline Buah Asomah-Hinneh.
The amount represents a shortfall in import duties the frozen foods company has paid to the state.
In a 12-page report, the OSP accused Asomah-Hinneh of influence-peddling and alleged that she 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 obtain a favourable decision from the Customs Division of the Ghana Revenue Authority (GRA) which led to a reduction in the tax liabilities of Labianca Ltd.
“We commend the OSP for recovering an amount of GHC1,074,627.15 through the issuance of an interim directive to Labianca Company Limited, owned by Eunice Jacqueline Buah Asomah-Hinneh, a member of the Council of State and a member of the board of directors of the Ghana Ports and Harbours Authority (GPHA),” the anti-graft organisation said in a statement on Thursday (11 August 2022).
Public office for profit
According to the OSP, Labianca Company Ltd had evaded payment of the quoted amount by obtaining an unlawful customs advance ruling by Joseph Adu Kyei, the deputy commissioner for customs in charge of operations.
“We note that the OSP’s action fulfils one of its core functions, which is the recovery and management of the proceeds of corruption and corruption-related offences,” the organisations statement said.
“Corruption Watch Ghana welcomes the directive for 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.
“We further welcome the directive to the Commissioner General of the Ghana Revenue Authority (GRA) to submit an integrity plan designed with the aim of preventing the corruption of the exercise of discretion by officials of the Customs Division by December 31, 2022. We believe that these directives are forward looking.
“Given the circumstances of this case, particularly the OSP’s determination of influence peddling, we draw attention to Section 179(c) of the Criminal Offences Act 1960 (Act 29), which makes it an offence for a person to use public office for profit.
“We note that the offence is committed by both the person who holds public office who dishonestly abuses the office for private gain or benefit and other persons who collaborate with the public officer to so abuse the office,” Corruption Watch said.
Call for wider investigation
It added: “Therefore, we believe the following must happen to give effect and impetus to the course that the OSP has taken:
“1. Ms Buah Asomah-Hinneh must be asked to resign or be removed from her membership of the Council of State and the board of directors of the Ghana Ports and Harbours Authority.
“2. Mr Joseph Adu Kyei, the Deputy Commissioner for Customs in charge of operations, must be sanctioned regardless of the OSP’s directive for the opening of a wider investigation in the respect of the issuance of customs advance rulings and markdown of benchmark values.
“3. In addition, the fact that Ms Buah Asomah-Hinneh is a politically exposed person (PEP) underlines the importance that the country must attach to developing a full-fledged, efficient and functioning beneficial ownership disclosure mechanism to assist in tackling corruption and its related state capture by influential persons in society.
“4. In the wake of this report, it has been evidently clear that the OSP can become an effective institutional tool for fighting corruption if Government were to release to the Office all funds allocated to it. Therefore, the government must as a matter of urgency, cause the release of funds to the OSP to enable it to undertake its mandate.”
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