Nzema Chiefs defend Labianca – tells her to not resign from Council of State

The Nzema Traditional Council has said the recent calls from individuals and Civil Society Organizations on Eunice Jacqueline Buah Asomah-Hinneh to resign as the representative of the Western Region on the Council of State are misguided and premature commentary born out of malice therefore the member in question should ignore the calls and remain in office.

There were spontaneous public calls for the immediate resignation of Ms. Asomah-Hinneh, from the Council of State after the Office of the Special Prosecutor (OSP)  officially indicted one of her private companies, Labianca Company Limited, for corruption-related offences and forced it to pay an amount of  GHC1,074,627.15 to the State.

The said amount was paid by Labianca Limited on March 31 this year, into the Asset Recovery Account of the OSP after investigations confirmed there had been a deliberate shortfall in revenue amounts the company was to have paid to the State but did not pay due to a possible influence peddling by the Council of State member.

All the seven paramouncies that constitute the Nzema Traditional Council yesterday Tuesday August 16, held a press conference to throw their weights behind Ms. Asomah-Hinneh and said the Western Region was firmly against calls for her resignation.

Below is the full statement signed and issued at the press briefing:

We have followed with keen interest the recent public conversation on the duty discount granted to Labianca Company Limited

As traditional rulers of the good people of Nzema Maanle and the Western Region, we are of the firm belief that discussions that propel national cohesion and growth will continue to be the foundation that gets us going as a country. Hence, we opine that the positives of the ongoing discussions will continue to guide many investors and businesses including Labianca Company Limited

We will also like to add that as leaders of a community that supports entrepreneurship, hard work, and the progress of Nzema Maanle and the Western Region, we have also pushed for fair and transparent business dealings amongst all businesses especially businesses owned and managed by our indigenes.

Hence, we have always observed and followed the works of Labianca Company Limited over the years. First, as a business owned by a native of the Western Region and a female entrepreneur. Second as a business that continues to play a key role in the transformation of our communities, and third as a business that always works within the Statutes, Rules, Processes, and Conventions as laid down for the shipping industry.

Our support like the support of many other stakeholders is what has seen the business grow to become one of the largest importers of frozen foods to West Africa. A period which has seen them collaborating with the Dutch government to build 3 cold stores in Ghana, including the largest solar-powered cold store in West Africa.

We are however concerned about the disparaging remakes which in our view may hurt the company if unchecked and the resultant impact will be a loss in tax revenues and job losses among others.

We are concerned about the misguided attempt to introduce a conflict of interest tag based on the re-election of Ms. Asomah-Hinneh, Chief Executive Officer of Labianca Limited as the Western Regional representative on the Council of State. Even more bizarre is the attempt to assume that her role on the Board of the GPHA means an ability to control and influence decision-making processes at the Ghana Revenue Authority.

We note after reading the OSP report that the office provided no evidence pointing to Influence Peddling which is the use of position or political influence on someone’s behalf in exchange for money or favors. The OSP failed to establish any evidence of the same. Except to draw a bizarre linkage based on her remote position. Such an office must be guided by facts and truth. Evidence must be at the center of its deeds and not feed the public with innuendoes and ambiguities.

The OSPs assumption is based on an uninformed view of the independence of the two professionally run institutions as established by law, and it further takes away from the opportunity available to all businesses to engage same separately.

To draw a conflict of interest allegation because of her role as a Council of State member is disingenuous to state the least. We are hopeful that the OSP and others will be guided by the evidence before making some submissions. We find the submission untenable

We also note with serious concern, groups, and individuals who are pushing for the resignation of Ms. Asomah-Hinneh, from the Council of State. We encourage all to avoid such premature commentary. The basis for the resignation is the perceived peddling of influence or conflict of interest. As stated earlier, from our reading of the final report, it makes no sense for the same to have been included. It serves no purpose at all. Especially when the company in question legitimately applied for a 5% extra discount and got that approval. We are also minded by the fact that other players in the said industry have been granted up to 12% of extra discount. If this is not selective justice and discrimination, then we don’t know what is.

As all well-meaning Ghanaians will note, the basis for the request is grounded in the rules of engagement and the basis for the approval was guided by the same.

As per Customs Act 2015 (Act 891), applying for a Customs Advance Ruling is permissible. It states that an interested party may apply in writing to the Commissioner-General for a ruling relating to the tariff classification, customs value, origin of goods, or any activity to which the customs law applies.

The request shall include a statement of relevant facts, names, and addresses of interested parties, the name of the port where the goods are expected to arrive or depart, and a detailed description of the transaction. A customs advance ruling is binding until the ruling is revoked by the Commissioner-General.

Nowhere is the act is any Ghanaian or foreigner excluded from the opportunity to apply for same based on positions held. It is discriminatory to assume that Labianca Company Limited should be excluded based on a remote position held by its Chief Executive Officer.

It must be stated that after paying close attention to the business for all these years, we can state from our reading of the year-end financials that our daughter’s company Labianca Company Limited has been a tax complaint Company since its inception.

A company that has always availed itself of facts and therefore entreats the media and all stakeholders to be guided.

The highly competitive nature of our industry creates room for allegations and insinuations. Be that as it may, Labianca Company Limited upon good council has refunded the Ghs 1 million under-difference which was approved for its benefit by the GRA. A discount that many companies continue to benefit from. The company deserves commendation. But we rather vilify them for taking the right steps.

We encourage all to support businesses doing great. Help indigenous businesses grow. Correct where they fall short. However such corrections must be fair and constructive.

NZEMA MAANLE COUNCIL

Signed

Awulae Amihere Kpanyinli III

PRESIDENT-OMANHENE OF EASTERN NZEMA TRADITIONAL AREA

Signed

 Awulae Attibrukusu II

VICE PRESIDENT-OMANHENE OF LOWER AXIM TRADITIONAL AREA

Signed

Awulae Agyefi Kwame II

MEMBER-OMANHENE OF NSEIN TRADITIONAL AREA

Signed

Awulae Annor Adjaye III

MEMBER-OMANHENE OF WESTERN NZEMA TRADITIONAL AREA  

Signed

Awulae Angama Tu Agyan II

MEMBER-OMANHENE OF GWIRA TRADITIONAL AREA

Signed

Nana Nyamekye III

MEMBER-ACTING PRESIDENT OF AJOMORO TRADITIONAL COUNCIL

Signed

Nana Atta Kabenla IV

MEMBER-ACTING PRESIDENT OF UPPER AXIM TRADITIONAL COUNCIL