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SC Throws Out Anas Application In Kennedy Agyapong Case

The Supreme Court in Ghana in a ruling has dismissed an application by investigative journalist Anas Aremeyaw Anas to quash a High Court ruling in his defamatory suit against lawmaker Kennedy Agyapong.

The court presided over Chief Justice Gertrude Torkornoo on Wednesday, February 28, 2024, dismissed the application with a 3-2 decision.

Chief Justice Torkornoo, Justice Samuel Kwame Adibu-Asiedu Asiedu and Justice Prof. Henrietta Joy Abena Nyarko Mensa-Bonsu constituted the majority while Justice Emmanuel Yonny Kulendi and Justice Issifu Omoro Tanko Amadu dissented.

Anas ran to the Accra High Court in 2018 seeking aggravated damages of GHC25 million in a suit against Kennedy Agyapong.

The journalist alleged the respondent had published defamatory materials against him to the effect that he was a thief, a murderer, evil, dishonest, mentally deranged, an extortionist, a molester and a fraudster.

The High Court presided over by Justice Eric Baah in a verdict on March 15, 2023, said the plaintiff’s claim was meritless.

“The statement of the defendant was substantially factual and therefore justified. It could not have succeeded in actually defaming the plaintiff. Some of the long list of words made by the defendant and tendered as exhibit C were capable of defamatory meanings, but none was proven to have actually defamed the plaintiff.

“I state in conclusion, that whereas all the statements founded on exhibits KOA1, KOA2, KOA3 and KOA4 were truthful and factual, thereby sustaining the defendant’s defence of justification and fair comment, the statements in plaintiff’s exhibit C; though capable of defamatory meanings, were not proven to have actually defamed the plaintiff. I found the claims of the plaintiff merit-less,” the ruling of the judge as quoted by The Law Platform said.

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