Sammy Gyamfi
The Court of Appeal yesterday overturned a High Court judgement that found National Communications Officer of the National Democratic Congress (NDC), Sammy Gyamfi, liable for defaming former Energy Minister, Dr. Matthew Opoku Prempeh.
The court in its decision reversed the GH¢500,000 awarded against Mr. Gyamfi as general damages by the High Court in a case that started in 2019.
The appellate court in a unanimous decision held that the statement complained of in paragraph 14 of Dr. Opoku Prempeh’s statement of claim was not defamatory and had not been proven to be false or malicious.
The court consequently found that the trial judge had erred in characterising the statement as defamatory, effectively quashing the earlier judgment against Mr. Gyamfi.
Background
Dr. Opoku Prempeh had sued Mr. Gyamfi for associating him with Seidu Yakubu who was one of the suspects arrested in connection with the kidnapping of two Canadian ladies in Kumasi.
The High Court, Accra, General Jurisdiction 12, presided over by Justice Charles Gyamfi Danquah found that Sammy Gyamfi defamed the Energy Minister at a press conference in June 2019 when he said that “Seidu Yakubu, suspected of being involved in the kidnapping of the 2 Canadian girls in the year 2019, is the errand boy of Dr. Matthew Opoku Prempeh.”
In his writ, filed on June 25, 2019, by Sarkodie Baffuor Awuah & Partners, Dr. Opoku Prempeh sought GH¢1 million in damages, arguing that the statement had injured his reputation both locally and abroad after it circulated widely on traditional and electronic media platforms.
He contended that he had led a decent public and private life and that Mr. Gyamfi’s remarks falsely portrayed him as a supporter of thuggery and kidnapping without proof.
Aside the monetary demands, he also sought an order of the court directed at Sammy Gyamfi to retract and apologise for the defamatory statement within seven days after the judgement.
He averred that in his entire public and private life, he had led a decent lifestyle worthy of emulation, so Mr. Gyamfi had no justification to link him with “miscreants” to dent his image.
The High Court, presided over by Justice Charles Gyamfi Danquah, ruled in Dr. Opoku Prempeh’s favour, awarding GH₵500,000 in damages and ordering Mr. Gyamfi to publish a retraction and apology.
Following the High Court judgment, Mr. Gyamfi’s lawyers filed a notice of appeal along with an application for stay of execution to challenge the ruling — an appeal the Court of Appeal has now upheld.
A Daily Guide Report