Court perpetually injunct journalist from publishing, disseminating allegations against Lysaro Group CEO

A High Court in Accra has permanently barred a freelance investigative journalist from publishing allegations about a private businesswoman, in a ruling that has intensified debate over the limits of press freedom in Ghana.

Sitting at the Human Rights Division, Justice Nana Brew granted a perpetual injunction against Innocent Samuel Appiah, restraining him from making any further publications or commentary about entrepreneur Cynthia Adjei on the issues that formed the basis of the case. The order applies to all media channels, including television, radio, print and online platforms.

The court also ordered Mr Appiah to pay GH¢10,000 in costs.

In her judgment, Justice Brew said that although the 1992 Constitution protects freedom of expression and media work, those rights are not without limits, especially where the privacy and reputation of individuals are at stake.

The judge held that the journalist’s approach amounted to an invasion of Ms Adjei’s privacy and that any further publication on the disputed matters would constitute a continuing violation of her fundamental rights.

She stressed that where allegations point to possible criminal conduct or financial wrongdoing, investigative journalists should refer the information to authorised bodies such as the Economic and Organised Crime Office (EOCO), the Ghana Police Service, the Criminal Investigations Department or the National Intelligence Bureau, rather than seeking to publish potentially harmful claims themselves.

On the evidence before the court, Justice Brew concluded that the information Mr Appiah was pursuing “for publication” ran contrary to the applicant’s constitutional right to privacy and that the public interest argument did not outweigh the harm to the individual.

Although the court declined Ms Adjei’s request for damages, it found that the journalist’s conduct exposed her to reputational risk and that an injunction was necessary to prevent further injury.

How the dispute began

The case traces back to June 2025, when Ms Adjei, CEO of Lysaro Group, obtained an interlocutory injunction stopping Mr Appiah from publishing an investigative report into alleged unethical practices and potential conflicts of interest involving her company.

Mr Appiah had sent detailed questionnaires to Ms Adjei and her husband, seeking responses to concerns about Lysaro Group’s land acquisitions, contract awards and tax compliance.

Rather than reply, Ms Adjei went to court, arguing that the proposed publication would unlawfully intrude on her private life and damage her reputation. She has consistently maintained that she is a private citizen who has never held public office.

The journalist, however, pointed out that her husband previously served as Group Chief Finance Officer and later acting Managing Director at GOIL Plc, and that Lysaro Group is alleged to have won contracts from GOIL and the Students Loan Trust Fund while he held influential positions there. On that basis, he argued that she should be treated as politically exposed and subject to enhanced public scrutiny.

Despite these arguments, no article was ever published. The court proceedings were triggered by the pre-publication questionnaires and related communications rather than a completed story.

In granting the initial interlocutory injunction, Justice Brew held that the “balance of convenience” favoured Ms Adjei, concluding that financial compensation would not adequately remedy the harm if the story were allowed to be published and later found to be unlawful.

The latest ruling, converting the interim order into a perpetual injunction, has drawn mixed reactions in media and legal circles.