Private legal practitioner, Martin Kpebu, says he supports the Special Prosecutor’s handling of the Labianca case despite Martin Amidu’s recent epistle.
Speaking on Newsfile, on Saturday, Mr Kpebu said that he disagrees with the former OSP that Mr Kissi Agyebeng has no mandate to investigate the case involving the evasion of taxes by Labianca.
He explained that not only does Mr Agyebeng have the mandate to investigate but the report which revealed that the OSP retrieved ¢1.074 million from Labianca was a preliminary enquiry as indicated by the OSP.
“Mr Amidu shot over the bar. That’s what he did in Agyapa [case], so I don’t know why Mr Amidu suddenly has come to this 180 turn to stand on the other end. We have so much respect for him but in this particular thing we don’t agree with him,” Mr Kpebu said.
On August 8, 2022, the OSP published an investigative report which revealed that Labianca Group of Companies, a frozen foods company owned by a member of the Council of State, Eunice Jacqueline Buah Asomah-Hinneh, evaded import duties.
He recovered an amount of ¢1.074 million representing a shortfall in import duties paid to the state.
The OSP contended that Ms Asomah-Hinneh 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 get a favourable decision from the Customs Division.
The report signed by the Special Prosecutor, Kissi Agyebeng, alleged that the influence-peddling by Ms Asomah-Hinneh led to a reduction in the tax liabilities for her frozen foods company, Labianca Company Limited.
Reacting to the report, Mr Amidu said the Labianca report is hollow, without mandate and is unconstitutional.
This, he explained, is because “the report seriously violates the statutory mandate of the OSP under the 1992 Constitution.” He said the report is also inconsistent with and contravenes Act 959 and the 1992 Constitution.
However, Mr Kpebu said that the OSP following his investigations was able to retrieve money rightfully belonging to the state and hence does not see the need to say the investigations among others involving the Labianca case should not have happened.
“We have been happy as citizens that the OSP retrieved the one million but it is not just that money that has been saved. The GRA Commissioner General wrote that they should stop this discounting from November 2021.
“This means that it is not just one million we have saved but millions. Can you imagine how many hundreds and thousands of containers that have come in since then? For this report, I support the OSP. Of course, he can’t be perfect but this is not one of the occasions we throw him under the bus,” Mr Kpebu said.