Why judge dismissed Anas' defamation suit against Ken Agyapong

Why judge dismissed Anas' defamation suit against Ken Agyapong [FULL JUDGMENT]

Graphic.com.gh Mar - 15 - 2023 , 19:08 2 minutes read

Dismissing the defamation suit filed by investigative journalist Anas Aremeyaw Anas against law maker and businessman Kennedy Agyapong on Wednesday, the High Court in Accra said Anas was an "investigative terrorist."

In a ruling (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.

The court said 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 [Anas] 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.

Anas sues Kennedy Agyapong; he is demanding GH¢25million

Anas Aremeyaw Anas, the ace international investigative journalist in June 2018 dragged the Member of Parliament (MP) for Assin Central, Mr Kennedy Ohene Agyapong, to court for defaming him.

Anas asked the High Court to award aggravated damages to the tune of GH¢25 million arising from defamatory materials published by the MP.

The MP around that time published materials in his bid to discredit the investigative journalist, who had released an explosive piece on the rot in Ghana football.

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.

Publications

The publication complained of were a May 29, 2018 live programme in Twi on Adom TV, where Mr Agyapong categorically stated that Anas was a blackmailer, corrupt, an extortionist and evil.

In a similar manner, Mr Agyapong published what Anas said was defamatory words on May 31, 2018 via Oman FM, a private radio station owned by Mr Agyapong.

The statement of claim also stated that the defendant published more defamatory materials against the plaintiff via other platforms to the extent of releasing pictures purported to be those of the investigative journalist in his bid to blow the latter’s cover.

Anas complained that in consequence, his reputation, especially as a lawyer and globally acclaimed investigative journalist, had been egregiously damaged resulting in debilitating distress and embarrassment.

Attached below is a copy of the judgment read in open court