The Court of Appeal has ordered a retrial in the long-running defamation case between politician and businessman Kennedy Ohene Agyapong and Editor-in-Chief of the New Crusading Guide, Abdul Malik Kweku Baako Jnr.
The appellate court upheld an appeal challenging an earlier High Court ruling in favour of Baako and directed that the case be heard afresh. It further ordered Baako to refund all monies received under the previous judgment within 30 days.
The legal battle, which dates back to around 2018, began when Baako sued Agyapong for defamation, alleging that certain public statements made about him were damaging to his reputation. The High Court ruled in favour of Baako, prompting Agyapong to challenge the decision at the Court of Appeal.
Delivering its ruling, the appellate court found fault with the earlier judgment, citing what it described as a fundamental statutory breach that went to the heart of the case. Although details of the breach are expected to be outlined in the full written judgment, the court’s finding was sufficient to nullify the High Court’s decision.
Speaking to journalists after the ruling, counsel for Agyapong expressed satisfaction with the outcome, stating that the decision aligned with established legal principles.
“The court is the court and the law is the law,” he said, adding that the Court of Appeal had applied the law as interpreted by the Supreme Court.
The defence indicated that issues relating to statutory requirements and limitation periods formed part of the grounds for appeal.
Counsel also disclosed that efforts had previously been made to resolve the matter outside the courtroom but were unsuccessful. He referenced attempts at settlement during the lifetime of the late Sir John, a leading figure in the New Patriotic Party (NPP).
In addition to ordering a retrial, the Court of Appeal directed that all sums paid to Baako under the High Court ruling be returned within 30 days. The order effectively restores both parties to their positions prior to the earlier judgment as the case heads back for rehearing.
The retrial is expected to revisit the substantive issues raised in the original defamation claim, marking a new phase in one of the country’s high-profile legal disputes.
