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Some regressive judicial judgements hampering the work of the OSP- Kissi Agyebeng

Source The Ghana Report

The Special Prosecutor, Kissi Agyebeng says recent judicial judgments involving the Office of the Special Prosecutor(OSP) are hampering the work of his outfit describing them as ‘regressive’.

According to him, some of the rulings have eroded the progress made in the fight against corruption by the office.

Addressing the media on Wednesday, November 29, the Special Prosecutor expressed alarm at the “growing hasty dismissiveness and lack of regard” for corruption cases, which he believes could severely impede the OSP’s ability to fulfill its mandate.

Mr. Agyebeng highlighted four specific cases that exemplify this trend, including the acquittal of Cecilia Dapaah, a former government official, in a corruption case and the refusal of a court order to freeze the estate of former NPP General Secretary, Kojo Owusu Afriyie, despite mounting allegations of corruption against his estate.

These cases, according to him, raise serious questions about the commitment of the judicial system to upholding the rule of law and combating corruption.

The very recent one was on Monday, November 27, when 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 utilizing their positions to provide favorable tax treatment to Labianca Company, a frozen foods company.

“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.

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, before 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,” he stressed.

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