Labianca case: OSP expands investigations with exercise covering 2017 to 2021

19-08-2022

Labianca case: OSP expands investigations with exercise covering 2017 to 2021

The Office of the Special Prosecutor (OSP) has begun wider investigations into the issuance of customs advance rulings and markdowns of benchmark values by the Customs Division of the Ghana Revenue Authority (GRA).

The investigations cover the period between July 2017 and December 2021.

The OSP’s investigations follow its discovery of potential abuse of the system, which resulted in the refund of more than GH¢1m by Labianca Company Limited to government chest.

The OSP had, in its report on the Labianca controversy, called for a thorough probe of the application of advance ruling and discount of benchmark values.

Impropriety

A statement issued by the OSP said a major finding of the investigations which led to the recovery of GH¢1,074,627.15 was that “the conduct of the investigated officers portends an institutionalised culture of light-hearted unconcern regarding impropriety of action at the Customs Division, which indicates a high propensity to engender corruption and corruption-related activities; and that the officers ignored mandatory provisions of the Customs Act, 2015 (Act 891) and engaged in their own predilections”.

Consequently, it said it had, since August 11, 2022, directed the Commissioner of the Customs Division to submit to it on or before September 30, 2022, the particulars of all applications for customs advance ruling, markdown of benchmark values, private rulings and class rulings pertaining to the application of customs law and the decision on each of the applications within the indicated period.

It said it had also written to the Commissioner-General of the 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, especially in respect of the rendering of rulings, to assure the effective operation of the Customs Act, 2015 (Act 891) and the Revenue Administration Act, 2016 (Act 915), on or before December 31, 2022.

Background

The OSP recovered GH¢1.074 million from Labianca, owned by Eunice Jacqueline Buah Asomah-Hinneh, an elected member of the Council of State representing the Western Region.

The amount represented a shortfall in import duties the frozen foods company paid to the state.

The investigative report, dated August 3, 2022, is titled: “Report of Investigation into Alleged Commission of Corruption and Corruption-Related Offences involving Labianca Group of Companies and the Customs Division of the Ghana Revenue Authority.”

 

 

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