Kelvin Ebo Taylor
An Accra High Court has slapped social media commentator Kelvin Ebo Taylor with a total of GH¢2,950,000 in damages and cost over his defamatory comments against private legal practitioner Ace Kojo Anan Ankomah.
The court, presided over by Justice Ackah Boafo, who delivered his judgment yesterday, took into consideration how wide the “outrageous and malicious” contents of the video were circulated, the insults hurled at the plaintiff by other persons following the publication of the matter, among others.
Video
In a viral video on social media, Kevin Taylor alleged that Ace Ankomah, together with some other individuals, including the former Executive Director of the Economic and Organised Crime Office (EOCO), K.K. Amoah, were among the people responsible for the woes of the embattled Chief Executive Officer of Menzgold Ghana Limited, Nana Appiah Mensah, aka NAM1.
He alleged in the video that “Ace Ankomah basically committed crime. He committed treason. He sold his country; yes, he sold his country to another country all because the enviness (sic), the greed, these people…he should come out and defend himself that he never knew from the start. Ace Ankomah should come out.”
Main Suit
Mr. Ankomah, through his lawyer, Thaddeus Sory, filed the suit after the controversial social media commentator alleged that he was one of those behind all the woes of MAM1.
Ace Ankomah, in his writ, averred that Taylor’s words were “meant and were understood to mean that the plaintiff (Ace Ankomah) acting in concert with the others named in the video, orchestrated all the allegations and perception of ignominy, disrepute, dishonour, disgrace and stigma associated with the said NAM1’s business.”
The plaintiff averred that the publication has lowered his reputation in the eyes of discerning and right-thinking people in the society.
He was, therefore, seeking damages of GH¢10 million, aggravated damages, exemplary damages and legal cost.
He was also seeking an order on the defendants to pull down the video from their Facebook walls and any other social media platform they posted it as well as other reliefs.
Given that the defendant was not domiciled in Ghana when the suit was initiated, the court granted the plaintiff leave to serve the defendant out of the jurisdiction through their address in the United States.
Judgment
Justice Ackah Boafo, in his judgment, described Taylor’s comments as “cavalier” and said that when the plaintiff called his bluff and dared him by suing him, Taylor did not “have the cojones to respond” in spite of him creating the impression of being able to appear anywhere to defend his “bombastic video.”
The court said it had jurisdiction to hear the matter as the content of the video was intended to be shared in Ghana, received considerable interest in Ghana, was downloaded in Ghana where the plaintiff has ties, and that injury to the plaintiff in Ghana was foreseeable.
The court awarded an amount of GH¢2 million as general damages, GH¢500,000 for aggravated damages, GH¢400,000 for exemplary damages against Kevin Taylor.
The court also placed a perpetual injunction to restrain the publication of further material and the defendants were ordered to publish an apology within 14 days, as well as a mandatory injunction, compelling defendants to remove the offending material within 14 days.
A cost of ¢50,000 was also awarded against Kevin Taylor.
BY Gibril Abdul Razak