ANAS A. ANAS v. KENNEDY AGYEPONG

INTRODUCTION

This, no doubt, is a judgment on a mammoth case. It is so by reason firstly of the personalities involved, secondly by the nature of the issues around which the case revolves and thirdly, by reason of the expected wide reach of the accusations of the defendant and the responses by the plaintiff resulting in this suit, ‘’thanks’’ to modern media and communication systems.

The plaintiff and defendant are national figures of varied degrees of reputation and popularity. It cannot be doubted that a stain on the reputation of the plaintiff; if the accusations of defendant are untrue, unfair, and unjustified, would have been far reaching. The damage to be caused the credibility and standing of the defendant will also be damning, should it turn out that he made the serious and widespread allegations knowing them to be false, inaccurate, unfair, or unjustified. The plaintiff who identifies himself as a lawyer and ‘’an internationally acclaimed investigative journalist’’ with several local and international awards and stated recognitions, per his lawful attorney, approached the court on 18 June 2018, seeking redress in the form of monetary damages, the quantum of twenty-five million Ghana cedis, for the tortious offence of libel, allegedly committed against him by the defendant, by reason of which his name, reputation and image has been critically damaged.

Plaintiff identified the defendant as the member of parliament for Assin Central constituency, owner of Kencity Media and a proprietor of a television station and several radio stations. The writ of summons issued by the plaintiff on the said 18 June 2018, was amended on 20 November 2018. Defendant entered (a conditional) appearance on 3 July 2018, and followed it up with a statement of defence on 13 November 2018. Plaintiff’s reply was filed on 21 January 2019. With the pleadings set, the cases of the parties were as below.

A. CASE OF PLAINTIFF

Plaintiff’s case is founded on several statements and comments defendant made on different dates and on varied media platforms allegedly in reference to plaintiff, which plaintiff asserts, amounts to

defamation. The dates, media platforms on which the statements were made, and the specific words of the defendant have been pleaded and particularized by plaintiff in the amended statement of claim. The effects of the words published by defendant, as perceived by plaintiff in their natural and ordinary meaning; and in his view the audience who heard them, ha