Kennedy Agyapong wins against Anas at the Supreme Court

The Supreme Court, under the auspices of Her Ladyship the Chief Justice, has dismissed an application brought by lawyers representing investigative journalist Anas Aremeyaw Anas, led by Odei Krow Esq.

The application sought to quash a judgment rendered by the High Court, presided over by Justice Eric Baah.

The Supreme Court, by a majority decision of 3-2, rejected Anas’ application.

The majority comprised Chief Justice, Justices Asiedu, and the esteemed Professor Mensa-Bonsu. However, Justices Kulendi and the assertive Amadu dissented from the majority opinion.

Originally scheduled for determination late last year, the ruling on Anas’ application was adjourned until February 28, 2024. Meanwhile, an appeal against the substantive decision of the High Court has been lodged at the Court of Appeal.

The High Court judgment in question, rendered on March 15, 2023, and reported in the 2023 edition of The Law Platform Case Report, dismissed Anas’ claims against Kennedy Agyapong for alleged defamatory statements.

Agyapong, a legislator and self-described ‘anti-corruption crusader,’ purportedly made statements across various platforms that Anas found defamatory.

In a detailed analysis encompassing freedom of speech laws, defamation, and applicable defenses, including entrapment, the High Court determined that Agyapong’s statements were substantially factual and therefore justified.

The court concluded that while some of Agyapong’s statements were capable of defamatory meaning, none were proven to have actually defamed Anas.

Justice Eric Baah’s ruling stated, “The statement of the defendant was substantially factual, and therefore justified. It could not have succeeded in actually defaming the plaintiff. Some of the long list of words made by defendant and tendered as exhibit C were capable of defamatory meanings, but none was proven to have actually defamed the plaintiff.”

In summary, while the court found Agyapong’s statements to be truthful and factual, thereby upholding his defense of justification and fair comment, it did not find sufficient evidence to support Anas’ claims of defamation.

The Supreme Court’s decision to dismiss Anas’ application underscores the complexities of defamation law and the nuanced interpretation of freedom of speech in the legal landscape of Ghana.

The legal battle between Anas Aremeyaw Anas and Kennedy Agyapong continues, with implications for both press freedom and individual rights in the country.