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Kennedy Agyapong vs Anas: Supreme Court throws out Anas

The Supreme Court has dismissed an application by investigative journalist, Anas Aremeyaw Anas, seeking the nullification of a High Court decision to dismiss his defamation suit against the Member of Parliament for Assin Central, Kennedy Ohene-Agyapong.

In a 3-2 majority decision, a five-member panel of the apex court presided over by the Chief Justice, Justice Gertrude Sackey Torkornoo, dismissed the certiorari application seeking an order to quash the decision of the High Court

The Chief Justice, Justices Henrietta Mensa-Bonsu and Samuel Asiedu were on the majority side, while Justices Issifu Omoro Tanko Amadu and Emmanuel Yonny Kulendi dissented.

The court did not give the full reasoning for its decision, which it said would be ready at the registry by March 4, this year.

Background

Anas commenced the legal action in 2018, asking the High Court to award aggravated damages to the tune of GH¢25 million arising from defamatory materials published by the MP.

The High Court in Accra dismissed the suit on March 15, 2023. The Court presided over by Justice Eric Baah, a Court of Appeal judge sitting with additional responsibility as a High Court Judge, dismissed the case for lacking merit.

He added that although the words spoken against Anas were factual and capable of defamation, he could not prove same.

“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 cost of GH¢50,000 against Anas said.

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