AGRICULTURE DEV. BANK v. OSUMANU ALI

On appeal from the High Court, the Court of Appeal, per Senyo Dzamefe JA (with P. Bright Mensah JA agreeing), upheld a defamation judgment in favor of Osumanu Ali, a former Senior Currency Trader and Head of Forex at Agricultural Development Bank (ADB), who resigned in August 2012 after unmet remuneration promises and was subsequently the subject of two newspaper disclaimers in the Daily Graphic and Ghanaian Times bearing his photograph. The majority carefully set out the Ghanaian law of defamation and innuendo, emphasizing the ordinary reader’s inference when banks publish disclaimers with employee photographs. Although Ali left ADB voluntarily and without misconduct, ADB had no disclaimer policy and offered no justification for publishing that he was no longer authorized to transact business, which the court held carried a defamatory innuendo implying wrongdoing and was actuated by malice. Affirming the High Court, the majority sustained general damages of GH¢100,000, exemplary damages of GH¢500,000, and injunctive and retraction orders, and dismissed Ali’s bid to vary the remainder of the judgment. Koomson JA dissented, treating the statements as true and non-defamatory.