Anas Aremeyaw Anas and Kennedy Agyapong
Investigative journalist, Anas Aremeyaw Anas, has called for urgent reforms in Ghana’s judiciary system.
This call follows his win in the $18 million defamation suit against former Member of Parliament for Assin South, Kennedy Agyapong, in the Essex County Superior Court in New Jersey.
This defamation suit stems from statements Mr. Agyapong made following the airing of the BBC documentary on corruption, “Betraying the Game,” on October 28, 2018.
Mr. Agyapong was found liable for defamation and slapped with damages of 18 million US dollars.
Anas, reacting to the verdict in a Facebook post, said the judiciary system in Ghana raises question as he pursued a similar suit in 2018 but justice eluded him.
“In 2018, when I pursued a similar lawsuit there, justice eluded me. Despite Mr. Agyapong’s own admission of lacking evidence to support his calumnious claims, Justice Eric Baah of the Accra High Court not only denied me justice but also unjustly portrayed me—the civil plaintiff—as a criminal. This ruling was later condemned by Supreme Court Justice Kulendi, who described it as a ‘violent abuse of judicial authority.’ Such outcomes are a stark reminder of the systemic flaws within our Ghanaian judicial system—flaws that demand urgent reform.”
Anas Aremeyaw Anas further indicated that the US court decision demonstrates fairness and accountability.
“Presided over by the Honorable Judge Jeffrey B. Beacham, the case saw Mr. Agyapong take the stand alongside his brother, Ralph Agyapong. As he had in Ghana, he introduced audiovisual evidence under the title “Who Watches the Watchman” and even cited the Ghanaian judgment in his defense.
“Despite these efforts, our case—thoroughly prepared and presented by my legal team led by Andrew Deheer, Esq.—prevailed with an 8-0 verdict on every count.
“This outcome proves that the truth prevails and that accountability must extend to everyone, regardless of their position or influence,” part of the statement read.
He added that the outcome sends a powerful message, particularly to Ghanaian politicians, “you cannot take the media for granted. The press plays an indispensable role in scrutinising power and holding leaders accountable, and any attempt to undermine this essential function will be met with resolute resistance.”
Mistrial
Meanwhile, private legal practitioner, Kwasi Kwarteng has clarified that lawyers for the former MP have raised an issue of mistrial due to misunderstanding of the facts by the jury.
This, according to him, places an automatic injunction on the jury’s decision and award until the final determination of the issue of mistrial raised by the defence team.
Mr. Kwarteng, in a post on Facebook, stated that on Tuesday, when the jury reconvened to address punitive damages, it became clear that they had already factored punitive damages into their initial determination – despite explicit instructions from the court to deliberate on it separately.
“The jury stated that they had already awarded $8 million in punitive damages, highlighting a fundamental misunderstanding of both the issues at hand and the court’s directives,” he wrote.
In response, he said Mr. Agyapong’s legal team immediately raised concerns, arguing that this confusion rendered the verdict legally unsound and constituted grounds for a mistrial.
“Recognising the significance of these concerns, the judge dismissed the jury and granted both parties 30 days to file their respective processes regarding the mistrial,” Mr. Kwarteng further pointed out.
He added that it is crucial to emphasise at this stage that there is no final decision on the matter as the case is still unfolding, and no conclusive judgement has been given.
By Prince Fiifi Yorke