November 19, 2024

We must not reduce this to ‘are you my coequal’- Kwaku Azar speaks on Labianca scandal

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Kwaku Azar

US-based Ghanaian lawyer and scholar, Professor Stephen Kwaku Asare (Kwaku Azar) has stated that the scandal of Ms. Eunice Jacqueline Buah Asomah-Hinneh, a known financier of President Akufo-Addo, a Council of State member and an appointee of the President on GPHA Board must not be reduced to “are you my coequal” mantra.

This comes after a senior Customs officer at a retreat in Kumasi on Wednesday, Colonel Kwadwo Damoah said the Office of the Special Prosecutor (OSP) had attempted to indict himself and the Deputy Commissioner of Operations of the GRA in an investigative report released this week to keep them away from dealing with the Labianca case. 

“Anybody who has read that report very well, would know that basis of that and luckily for me, God is always on my side. Before that report came, that person had made statement to some people who had come (to tell me that), he was going to publish something that will discredit me and he will do that and I even sent people to go and tell him that he’s a small boy and I am older than him. I have lived a meaningful life and if he attempts to destroy me, it won’t be easy for him,” Col Damoah.

The CEO of Labianca company Limited has being implicated in a corruption scandal, the frozen foods company has been evading taxes from 2017 to the tune of GHS1.074 million with the connivance of some top Custom and Ghana Revenue Authority officials due to her influence in the Akufo-Addo/Bawumia government.

In a 12-paged report, the Office of the Special Prosecutor accused Asomah-Hinneh for allegedly using her position as a member of the council of state and member of the board of directors of the Ghana Ports and Harbours Authority to enjoy reductions in tax liabilities of Labianca Company Limited.

Kweku Azar is of the view that there are a lot of important issues or questions that beg for answers from the ruling government and the judicial body entrusted to look in the case. He states that it is with “profound disappointment that seniority and threats have reared their usual heads in this simple matter”. 

The issues according to him, are “(1) whether the applicant and transactions qualified for applying for a customs advanced ruling (CAR); (2) what is the legal basis for issuing the CAR, which reduced the benchmark values; (3) whether, under the law, Mr. Adu had the power to issue the CAR? (4) why the customs technical service bureau(CTSB) negative advice on the application was ignored or set aside; (5) how the application was resuscitated after the negative advice; (6) whether the CAR was brought to the notice of the Commissioner General; and (7) whether there is influence peddling”.

Read his full post below.

GOGO expresses its profound disappointment that seniority and threats have reared their usual heads in this simple matter.

The issues are: (1) whether the applicant and transactions qualified for applying for a customs advanced ruling (CAR); (2) what is the legal basis for issuing the CAR, which reduced the benchmark values; (3) whether, under the law, Mr. Adu had the power to issue the CAR? (4) why the customs technical service bureau(CTSB) negative advice on the application was ignored or set aside; (5) how the application was resuscitated after the negative advice; (6) whether the CAR was brought to the notice of the Commissioner General; and (7) whether there is influence peddling.

These are serious issues that belong to a judicial forum constituted to determine whether there is corruption and corruption related tax evasion, especially as the implicated parties are politically exposed persons.

We must not reduce this to, and resolve it by, the proverbial “are you my coequal” mantra.

GOGO calls for an expanded inquiry into the affected company’s customs related activities, indictment of affected officials pending the resolution of the facts, assessment of interest and penalties, and the usual presumption of innocence in the judicial forum.

#SALL is the cardinal sin of the 8th Parliament.

By: Agaatorne Douglas Asaah | myactiveonline.com

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