MOHAMMED RIDWAN DANKOYA @MOHAMMED RIDWAN MOHAMMED v. YUSSIF ABDUL GANIYU & 1ORS
January 28, 2025
HIGH COURT OF JUSTICE
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
- Media Law
January 28, 2025
HIGH COURT OF JUSTICE
CORAM
AI Generated Summary
The case concerns an Islamic scholar and Alpha Radio CEO in Kumasi who sued a radio host and station over statements aired on the 2nd Defendant’s platform, including the “Zongo Mei Yayi” program, alleging that community assets had been turned into personal property, documentation secretly altered, and implying theft. The Plaintiff relied on a Ghana Institute of Languages transcript and audio/video recordings. The Defendants denied targeting him and described broad community-focused content. The High Court set out the civil evidentiary standards under the Evidence Act and the elements of defamation, emphasizing publication to a third party and reference to the Plaintiff, and the need to call third-party witnesses when innuendo is alleged. Because no material witness was called to show the words were understood to refer to the Plaintiff or harmed his reputation, the court dismissed the suit and awarded costs (GH C 10,000) to each Defendant.
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.