The Supreme Court has dismissed an application filed by Ace investigative Journalist Anas Aremeyaw Anas to challenge the judgement of the High Court in a defamation case against Kennedy Ohene Agyapong.
In his defamation suit filed in 2018, Anas asked the High Court to award aggravated damages to the tune of GH¢25 million arising from defamatory materials published by the Assin Central MP.
According to Anas, 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.
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.
However, Anas and his lawyers led by Odei Kow were not satisfied with the verdict and proceeded to appeal the judgement at the Supreme Court.
Anas and his lawyers appealed to the Apex Court to quash the judgment by the High Court.
But, the panel of five Chaired by the Chief Justice Gertrude Araba Esaaba Sackey Torkornoo ruled that the action is dismissed by a majority 3-2 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.
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.
