MOHAMMED RIDWAN DANKOYA @MOHAMMED RIDWAN MOHAMMED vs YUSSIF ABDUL GANIYU & ANOR
2025
HIGH COURT
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
2025
HIGH COURT
CORAM
AI Generated Summary
This High Court defamation case arises from statements uttered during the 'Zongo Mei Yayi' radio program, aired on the 2nd Defendant’s platform and hosted by the 1st Defendant. The Plaintiff, an Islamic scholar, philanthropist, businessman, and Chief Executive of Alpha Radio, claimed that innuendo in the broadcast accused him of diverting community assets into private ownership and labeled such persons thieves and untruthful. He sought declaratory relief, injunction, damages including aggravated and exemplary damages, a retraction and public apologies, and costs. He relied on Ghana Institute of Languages transcripts and audio/video recordings but called no witnesses to show that third parties heard the broadcast or linked the innuendo to him. Applying the Evidence Act’s burdens of persuasion and production and elements of defamation, and citing authorities such as Zabrama v Segbedzi and Benjamin Kwasi Duffour v Bank of Ghana, the court found the absence of material third-party witnesses fatal. It dismissed all claims and awarded GH¢10,000 costs 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 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 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 that,
The Plaintiff averred that, sometime in the year 2008, the World Islamic Call certain gadgets with an intention to set up a radio station for the propagation of Islam in Ghana; among such gadgets were radio transmitters . One out of the three transmitters were in the possession of the Plaintiff for so many years wi