The High Court in Accra has imposed a GHc3,000 cost on Johnson Asiedu Nketia, National Chairman of the National Democratic Congress (NDC), for omitting a crucial witness in a defamation case.
Former Auditor-General Prof. Edward Dua Agyeman sued General Mosquito for defamation in 2018, seeking GHc20 million in damages.
The court, presided over by Justice Audrey Kocuvie-Tay, had granted General Mosquito’s request to amend his pre-trial checklist to include the omitted “necessary witness.”
However, the court imposed the GHc3,000 cost due to the oversight.
On February 19, 2025, Tonny Nyarko, counsel for General Mosquito, moved a motion to amend their earlier processes.
“My Lady, we have an application for leave to amend pre-trial checklist which was filed on the 13th of February, 2025 and is fixed for hearing today (February 19, 2025),” he said.
“We move in terms of the motion paper and the supporting affidavit together with the attached exhibits,” Counsel submitted.
While relying on all depositions contained in their affidavit in support, said on October 29, last year, “we filed a notice of subpoena in respect of Brian Anku Sapati.”
“At the last Court sitting, our attention was drawn to the fact that we inadvertently excluded Brian Anku Sapati from our pre-trial checklist even though he is a necessary witness in this matter,” Counsel submitted.
In the lights of that, he said “we filed the present application for leave to amend the pre-trial checklist pursuant to Order 16 rule 7 of C.I. 47 which is in respect of amendment of other documents as the present one.”
“We submit that the amendment is done in good faith, and necessary to enable the Applicant (Asiedu Nketia) put the entirety of his case before this Court and bring same in line with the requirements of the rule of Court in respect of Case Management Conference,” Mr Tonny Nyarko stated.
In his view, the “application will not cause any surprise to the Plaintiff/Respondent (Prof Dua Agyeman) since there is a notice of the subpoena already on record.”
“In the circumstances, we pray this Court to grant us leave to amend the pre-trial checklist in terms of Exhibit ‘J1′,” Counsel for the NDC Chairman prayed.
Nana Bayin Ackon, counsel who was holding brief for Gary Nimako Marfo said, “we have nothing to say,” adding that “We leave it with the determination of the Court.”
By Court
Her Ladyship Justice Audrey Kocuvie-Tay, the presiding judge after listening to the parties granted the request for leave and awarded a cost GHc3000 against Mr Asiedu Nketia.
“Application is granted as prayed,” the Court said.
“Applicant is given seven (7) days to file,” the Court said, adding that,” Costs of GHc3,000 is awarded against the Defendant/Applicant (Asiedu Nketia) in favour of the Plaintiff/Respondent (Prof. Edward Dua Agyeman),” the Court ordered.
The case has been adjourned to April 3, 2025 for continuation.
Both Prof. Edward Dua Agyeman (Plaintiff) and Johnson Asiedu Nketia were both absent in Court.
Reliefs sought
Prof. Dua Agyeman is praying the court declare that the defendant’s publication on Neat FM that he was banned by the Institute of Chartered Accountants (Ghana) for producing fake audited accounts for a non-existent company is slanderous and defamatory of him and same was made without any reasonable, just or probable cause.
“A declaration that the Defendant’s publication on Neat FM that ‘Dua Agyeman concocted fake audit reports concerning some senior officers which led to their dismissal from public service’ is slanderous and defamatory of the Plaintiff and same was made without any reasonable, just or probable cause,” the plaintiff stated.
Prof. Dua Agyeman is seeking a further declaration that the defendant’s publication on Neat FM that he was sacked from the Audit Service by reason of dishonesty was slanderous and defamatory of him and same was made without any reasonable, just, or probable cause.
He wants the court to grant an order of injunction directed at the defendant, agents, assigns, and his privies from continuing to make any further defamatory publication about him.
An Order of the Court directed at the defendant to retract the said defamatory publication and render an unqualified apology in the same prominence on Neat FM and four publications in the Daily Graphic is also being sought.
General damages and compensatory damages in the sum of GH¢20 million for loss of reputation are also being sought against the defendant.
