MOHAMMED RIDWAN DANKOYA @MOHAMMED RIDWAN MOHAMMED v. YUSSIF ABDUL GANIYU & 1ORS
2025
HIGH COURT OF JUSTICE
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Tort Law
- Civil Procedure
- Evidence Law
2025
HIGH COURT OF JUSTICE
CORAM
AI Generated Summary
The court dismissed a defamation claim brought by an Islamic scholar against two defendants over allegedly defamatory statements made on a radio program. The court found that the plaintiff failed to establish the key element of publication by not calling any witnesses to testify that they heard the statements and understood them to be about the plaintiff. The court emphasized that in defamation cases, especially those alleging innuendo, it is crucial for the plaintiff to provide evidence from third parties about how the statements lowered the plaintiff's reputation in their eyes. The plaintiff's failure to call any material witnesses was fatal to his case. The court awarded costs to the defendants and dismissed all of the plaintiff's claims.
By his endorsement on his writ of summons and statement of claim dated 12th May, 2021, the Plaintiff is claiming the following reliefs against the Defendants;
a. A declaration that the statement published by the 1st Defendant during his radio program in the platform of the 2nd Defendant as reproduced at paragraph 25, 26 and 35 of the Statement of Claim is defamatory of the Plaintiff.
b. An Order of perpetual injunction restraining the Defendants, either acting alone, or acting by their agents, assigns or any other person associated with the Defendants from further publishing or causing to be published, circulated, distributed, whether in print, electronic format, social media or any other form of mass media, the said defamatory statement by the Defendant against the Plaintiff.
c. General damages for defamation in the nature of aggravated, compensatory
and exemplary damages against the defendants.
d. An order directed at the Defendants to retract the publication and render an
unqualified apology to the Plaintiff on the same media on which the defamatory statement was made on three conservative times and to further publish apology in three (3) separate publications of the Daily Graphic newspaper and any other newspaper with nationwide coverage.
e. Costs, including solicitor's fees and any further order that the Honourable
Court may deem fit.
In his statement of claim, the averred that he is a reputable Islamic Scholar, a philanthropist and a businessman well-known in Kumasi and beyond. He further averred that, he is also the current Chief Executive of Alpha Radio in Kumasi. The Plaintiff added that, he has not had a blemish on his reputation in his entire life, both locally and internationally and it is on the strength of such unblemished reputation that, he was made the Imam of Atwima Koforidua Central Mosque and the Old Tafo Hausa community in the Ashanti Region. The Plaintiff also served as the personal interpreter for the late Colonel Muamar Gaddafi upon his visit to Ghana, in the year 2008. According to the Plaintiff, he was also appointed as the chairman of the Ashanti Regional Zongo Peace Committee, under the office of the Regional Chief Imam. In sum, from all indications, the Plaintiff is a man of no mean repute.
The Plaintiff averred that, sometime in the year 2008, the World Islamic Call brought in certain gadgets with an intention to set up a radio station for the propagation of Islam in Ghana; among such gadgets were radio transmitters.