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Senior and highly experienced legal professionals have issued a caution to the Special Prosecutor (OSP) concerning an alleged scheme by certain lawyers recently elevated to the bench. The warning suggests a plot to obstruct the OSP’s efforts in combating corruption by systematically dismissing the majority of cases brought before them.
Expressing concerns about the courts’ apparent dismissal of corruption charges, Mr. Kissi Agyebeng, the Special Prosecutor, addressed the issue during a press conference on Wednesday, November 29, 2023. Notably, a High Court had recently invalidated an OSP report accusing Joseph Adu Kyei and Col Kwadwo Damoah, former officials at the Ghana Revenue Authority (GRA), of providing preferential tax treatment to Labianca Company.
The court imposed a fine of GH₵10,000 on the OSP and issued a restraining order preventing further investigation into the two individuals. Mr. Agyebeng observed a pattern of dismissals by judges handling OSP cases and warned of serious consequences for the fight against corruption if this trend continues.
He revealed that he had received warnings from experienced lawyers, cautioning that judges, especially those who have recently transitioned from legal practice to the bench, may react adversely to public criticism. These lawyers reportedly conveyed that continued media releases by the OSP might lead judges to unite against the office and dismiss all its cases.
Mr. Agyebeng emphasized his commitment to upholding the law and avoiding any conflict with the judiciary. He stressed the potential disastrous consequences if the OSP and the judiciary were perceived to be at odds, particularly in the fight against corruption.
In reference to the Labianca case ruling, Mr. Agyebeng highlighted the danger of granting individuals immunity from investigation and prosecution. He warned that such decisions could encourage individuals under criminal investigation to file lawsuits to restrain investigative and prosecutorial bodies, ultimately impeding the fight against corruption.
The Special Prosecutor emphasized the gravity of the situation, suggesting that it could set a precedent where individuals facing serious criminal charges seek injunctions to prevent law enforcement agencies from investigating and prosecuting them.
Source:Omanghana.com
