The Supreme Court has by a majority 3-2 decision dismissed an application for Certiorari filed by Ace investigative Journalist Anas Aremeyaw Anas to challenge the judgement of the High in a defamation action.
On March 15, 2023, Justice Eric Baah, a Justice of the Court of Appeal sitting as an additional High Court judge dismissed Anas’ suit for defamation against Member of Parliament of Assin Central Kennedy Ohene Agyapong for lacking merit.
The Court said, although the words spoken against Anas by Ken Agyapong were factual and capable of defamation, he could not prove the same.
Justice Eric Baah in his judgement also said Anas was not doing investigative journalism but rather “investigative terrorism.”
“From the above, I hold that the plaintiff is a blackmailer who uses blackmail to extort money from his opponents and people he does not like.
“What the plaintiff is doing is not investigative journalism but investigative terrorism,” the presiding judge, who awarded a cost of GH¢50,000 against Anas said.
Dissatisfied with the decision, the Anas and his lawyers led by Odei Kow have indicated their resolve to appeal against the judgment and on top of the filed a Certiorari Application at the Supreme Court to quash the High Court judgment.
The Application filed in Jury 2023 was premised on the grounds of “Absence of jurisdiction,” and “Apparent or real likelihood of bias and impartiality on the part of the judge.”
But, the panel of five Chaired by the Chief Justice Gertrude Araba Esaaba Sackey Torkornoo ruled that the action is dismissed by a majority decision.
“By a Majority decision with Justice Amadu Tanko and Justice Yonni Kulendi dissenting, the Certiorari to dismiss the judgement of the High Court dated March 15, 2023 is dismissed.
EIB Network Legal Affairs Correspondent Murtala Inusah reports that, the CJ, Justice Prof Henrietta Mensa-Bonsu and Justice Samuel Asiedu formed the majority.
There was no order as to Cost even though Counsel for Ken Agyapong Ralph Agyapong initiated asked for the cost of GHc20, 000.
The decision of the Court according to the CJ may be picked up by parties on March 4. 2024.
Background
The Ace Investigative Journalist Anas, in his defamation suit filed in 2018, was asking the High Court to award aggravated damages to the tune of GH¢25 million arising from defamatory materials published by the MP.
He said, the MP had been publishing materials in his bid to discredit him. At the time, the investigative journalist had released an explosive piece on Ghana football title Number 12.
Displeased with the MP’s actions, Anas through his lawyer sued Mr Agyapong for the award of general damages for defamation in the defendant’s publications.
Publication
The publication complained of are a May 29, 2018, live programme in Twi on Adom TV, where Mr Agyapong categorically stated that Anas was a blackmailer, corrupt, an extortionist and evil.
According to the statement of claim, the defendant, in a similar manner, published defamatory words on May 31, 2018, via Oman FM, a private radio station owned by the defendant.
The statement of claim also stated that the defendant published more defamatory materials against the plaintiff via other platforms to the extent of releasing pictures purported to be those of the investigative journalist in his bid to blow the latter’s cover.
Reputation damage
The plaintiff complained that in consequence, his reputation, especially as a lawyer and globally acclaimed investigative journalist, has been egregiously damaged resulting in debilitating distress and embarrassment.
“Further, he has been inundated with numerous calls from business associates, journalists around the world, social relations, friends, outright strangers, and he has had to answer very mortifying questions,” the statement of claim said.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah/Princess Ivy Ama Hoindoh
