The Court of Appeal has ordered a retrial in the high-profile defamation case between politician and businessman Kennedy Ohene Agyapong and the Editor-in-Chief of the New Crusading Guide newspaper, Abdul Malik Kweku Baako Jnr, after upholding an appeal against an earlier High Court judgment.

In addition to directing that the matter be reheard, the appellate court has ordered Mr Baako to refund all monies received pursuant to the previous High Court ruling within 30 days.

The decision marks a significant turn in a legal dispute that dates back to around 2018, when Mr Baako initiated a defamation suit against Mr Agyapong, alleging that the latter had made defamatory statements about him.

Appeal Upheld

Speaking to journalists following the ruling, legal counsel for Mr Agyapong welcomed the decision, describing it as consistent with established legal principles.

“The court is the court and the law is the law,” he said. “The court can turn a blue eye to a red eye, but the Court of Appeal has followed the law from the Supreme Court. I think what they did was in the right direction.”

According to the defence, the Court of Appeal found that the earlier High Court judgment was flawed due to what it described as a statutory breach that was “fundamental” and went “to the root, the very core” of the case.

While the specific nature of the breach is expected to be clarified in the full written judgment, the appellate court’s finding was sufficient to nullify the High Court’s decision and pave the way for a fresh hearing.

Background to the Case

The dispute began when Mr Baako, as plaintiff, sued Mr Agyapong for defamation. The High Court subsequently ruled in favour of Mr Baako.

However, Mr Agyapong’s legal team challenged that decision on appeal, raising, among other issues, concerns relating to statutory compliance and limitation periods.

“He is the plaintiff, but there is also a statute of limitation, so we are waiting,” counsel remarked, suggesting that questions surrounding the timeliness of the action formed part of the defence’s argument.

The lawyer also revealed that attempts had been made to settle the matter amicably.

“We tried to settle when Sir John was alive. We tried all means, but there was no success,” he said, referring to the late Sir John, a prominent political figure in the New Patriotic Party (NPP).

Refund and Next Steps

As part of its ruling, the Court of Appeal directed that all payments made to Mr Baako under the High Court judgment be refunded within 30 days. The order effectively resets the financial and legal positions of the parties pending the retrial.