Joseph Adu-Kyei, the Deputy Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), expressed bewilderment over his transfer to the Ministry of Finance following his exoneration in the Labianca report case. A recent ruling by an Accra High Court acquitted Adu-Kyei and former Commissioner of Customs, Colonel Kwadwo Damoah (Rtd), from any wrongdoing associated with the Labianca report, which had alleged favoritism in tax treatment towards Labianca Company.
The court, in its judgment on November 27, 2023, not only absolved Adu-Kyei and Damoah but also imposed a GH₵10,000 cost against the Office of the Special Prosecutor (OSP) in response to a lawsuit brought by the accused officials against the OSP concerning the Labianca report.
Adu-Kyei, speaking on Onua TV, clarified the circumstances around the Labianca report, highlighting that Labianca Company had requested permission to import goods into the country. He explained that according to customs regulations, Labianca had been granted a benchmark of 5%, permissible by law, under the condition that if discrepancies were found, the benchmark could be canceled.
The Deputy Commissioner emphasized that the law supporting this benchmark had been in place for a considerable time, benefiting several companies based on established customs regulations. He provided details about the history of this law, indicating agreements made with traders and a reduction in import duties for certain quantities of goods imported, which Labianca Company fell under.
Adu-Kyei expressed disappointment in the handling of the situation by the board, suggesting that a call from them would have been more appropriate than the public scrutiny and insults they faced. When asked about potential legal action for defamation, he mentioned leaving such decisions to their lawyer and, if necessary, to higher providence, implying that they were contemplating legal action against those who had insulted and humiliated them.
He further questioned the rationale behind his transfer to the Finance Ministry, feeling that his expertise in revenue generation was being underutilized. The experienced official, on the brink of retirement, found the transfer puzzling and seemingly disconnected from his expertise in customs and revenue matters.