OSP probes vehicles auctioned by GRA Customs Division since July 2016

The Customs Division of the Ghana Revenue Authority (GRA) is once again undergoing scrutiny by the Office of the Special Prosecutor (OSP).

This time, the focus is on some suspected corruption and corruption-related offences related to the auction sales of vehicles and other goods between 1 July 2016 and 15 August 2022.

The Office of the Special Prosecutor (OSP) has commenced investigation into the number of vehicles auctioned by the Customs Division of the Ghana Revenue Authority (GRA) from July 1, 2016 to August 15, 2022.

In a statement dated August 22, 2022, the Special Prosecutor Kissi Agyebeng revealed that the OSP has observed some suspected corruption and corruption-related offenses related to the auction sales of vehicles and other goods, thus its initiative.

As the OSP investigates the matter, the Commissioner of the Customs Division is to “immediately halt and discontinue all auction sales,” the statement noted.

The OSP commenced investigation on August 19, 2022, when it directed the Commissioner of the Customs Division to furnish the Office with some vital information needed before September 20, 2022.

In its directive, the OSP is requesting the following; “the particulars and clear description of all auctioned item, quality of all auctioned items, prices at which the items were auctioned, date of each auction sales” as well as “the full names, addresses, and telephone numbers of the successful bidders at all the auction sales.”

The Office of Special Prosecutor’s recent investigation comes a time when it has received black lash from some groups and citizens over its Labianca report.

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 in excess of ¢1.074 million.

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 Customs Staff Association (CSA) in response said the approvals made by Commissioner of the Customs Division of the Ghana Revenue Authority (GRA), Colonel Kwadwo Damoah to the Labianca Group of Companies were in accordance with the law, particularly “the Customs Laws and established procedures in force.”

For this reason, the Association has described the investigative piece by the Office of the Special Prosecutor as one borne out of a misconception and, therefore, technically flawed.

On the matter, former Special Prosecutor, Martin Amidu, has also accused the Office of the Special Prosecutor (OSP) of unconstitutionality, arguing that the investigative report and the directive for the payment of GHC1,074,627.15 do not form part of the mandate laid out for the OSP in the Office of the Special Prosecutor Act, 2017 (Act 959).

Following the probe that cited Labianca Company Limited for corruption-related acts, the Special Prosecutor has also commenced a wider investigation into the issuance of customs advance rulings and markdowns of benchmark values between July 2017 and December 2021.

In a statement, the special prosecutor said the Commissioner of the Customs Division was expected to submit the particulars of all applications for customs advance ruling, applications for a markdown of benchmark values, applications for private rulings and class rulings pertaining to the application of customs law and the decision on each of the applications.

Find below the full statement