Rawlings, Prof. Danso-Boafo seek amicable settlement

The Accra Fast Track High Court today adjourned to October 9, 2014, the case in which former President Jerry John Rawlings has applied for a restraining order against Prof. Kwaku Danso-Boafo, Ghana’s former-High Commissioner to the United Kingdom, from launching a book he had written about the former president.

The court, presided over by Justice Mustapha Habib Logoh, adjourned the case after hearing from counsel on both sides that they had initiated discussions to settle the case out of court.

Rawlings was represented in court by Mr. Kobina Andoh Amoakwa of the office of the former president, while Prof Danso-Boafo was present in court.

Mr. Samuel Atta Akyea, counsel for Flt Lt. Rawlings, told the court that following the intimations of the court, the former president who had just returned from some international engagements, has indicated he was amenable to an out of court settlement and was ready to meet Prof Danso–Boafo.

He said counsel on both sides (Mr. Alex Quartey is lead counsel for Prof. Danso-Boafo) had met in the morning ahead of the court sitting and that Prof Danso-Boafo could decide the forum for the meeting.

“If they are successful then Rawlings would have found his friend again,” Atta Akyea told the court as the court burst into laughter.

Facts

Flt Lt. Rawlings filed the writ at the Fast Track High Court seeking a restraining order against Professor Danso-Boafo from proceeding with the launch of the book: “J. J. Rawlings and the Democratic Transition in Ghana.”

According to an affidavit accompanying the statement of claim, the former-diplomat had breached a contract between them to get the former President’s approval of the final draft of the book.

It said the former-diplomat had taken advantage of him (Flt Lt. Rawlings) by publishing the book, which was scheduled to be launched at the Teachers Hall in Accra on Wednesday, August 20, 2014.

Precondition

According to the affidavit, Flt Lt. Rawlings’s approval of the final work was a precondition for the publication of the book, and that even though Prof. Danso-Boafo duly sent a transcript of the book to him, he (Rawlings) had not yet approved of it because it contained inaccuracies and distortions of the reality.

It said former President Rawlings had “a proprietary interest in the book” and prayed the court to restrain Prof. Danso-Boafo from launching it.

The affidavit said if not restrained, Prof. Danso-Boafo would go ahead to launch the book to the incalculable detriment of Flt Lt. Rawlings which cannot be compensated in monetary terms.

Request

According to the affidavit, Prof. Danso-Boafo approached the former President sometime in 2006 and requested to write a book on him, to which he (Rawlings) gave his blessing on condition that he would approve of the final contents.

It said consistent with the agreement between the two, Prof. Danso-Boafo released the manuscript to him when he completed his draft of the book.

“On 1st March 2012, my office delivered a letter to the defendant/respondent, at all material times, Ghana's Ambassador to the United Kingdom, acknowledging receipt of the transcript of the book aforementioned.

“In the said letter, I was emphatic that I handed over the transcript to a team of literary and legal experts to evaluate and recommend amendments where necessary given the undeniable fact that the defendant/respondent's whole academic enterprise centres primarily on my person.

“This is against the backdrop that the manuscript delivered to me by the defendant/respondent contained several inaccuracies, misinformation and slants which has the potential to poison Ghana's historical records and democratic evolution as well as bringing my name and family into disrepute,” the affidavit further stated.