Defamation against Ken Agyepong: Anas goes to SC for Certiorari

Following the dismissal of the GHC25 million defamation suit brought by Ace investigative journalist, Anas Aremeyaw by Justice Eric Baah’s court, the founder of Tiger Eye P. I. has gone to the apex court to invoke its supervisory jurisdiction.

Represented by Odei Krow Esq, Anas is among others, praying the Supreme Court to bring the said High Court judgment delivered on March 15, 2023, for the same to be quashed.

To the applicant, the said judgment by the High Court(General Jurisdiction) had some patent errors as the same was given by the presiding judge in excess of his jurisdiction and thus praying for the writ of certiorari from their Lordships.

On his part, Ralph Agyapong Esq, counsel for Kennedy Agyapong, in addressing the court indicated his side’s objection to the said motion in its entirety.

For the interested party, the case was fairly and properly decided by the High Court, and thus sees no need for the apex court to disturb the decision and thus wants the writ of Certiorari denied by their Lordships.

When the case was called on July 18, 2023, the appellant and the interested party were absent in court but were fully represented.

In his judgment in the defamation suit, Justice Eric Baah(JA), found as unfounded, the averment of the plaintiff relative to the defendant’s failure to particularize the defense of fair comment and justification, based on truth and facts, in violation of Order 57 r 3 (2), C.I. 47.

Also, the court per the evidence that one Baba Tunde was excluded from criminal charges through the machinations of the plaintiff, after receiving a bribe of $100,000.00, affirmed the defendant’s allegation of selective treatment in the plaintiff’s investigation.

In essence, the High Court established that the said comments by the defendant against the plaintiff are true, factual, justified, and fair thus describing the plaintiff as a confessed criminal.

The Supreme Court panel presided over by Chief Justice Gertrude Torkornoo has meanwhile adjourned the suit to November 22, 2023, for the ruling.

Background

The plaintiff, Anas filed the suit in June 2018 on the claims of the tortious offense of libel, allegedly committed against him by the defendant, by reason of which he claimed his name, reputation, and image had been critically damaged. 

He thus sought per the suit, damages to the tune of GHC25 million

The defendant on his part alleged in his statement of defense that during his anti-corruption campaign, he came across information indicating that the modus operandi of the plaintiff was the extraction of benefits through corrupt activities by blackmailing suspected corrupt individuals, making money from them, and thereafter shielding them from criminal prosecution.