The Supreme Court has upheld a lower court’s decision in favor of Member of Parliament Kennedy Ohene-Agyapong in a defamation lawsuit filed by undercover journalist Anas Aremeyaw Anas.
In a 3-2 majority decision, a five-member panel led by Chief Justice Gertrude Sackey Torkornoo dismissed Anas’ application, challenging the High Court’s ruling that his claims against Agyapong lacked sufficient evidence.
The High Court had previously described Anas’ investigative work as “investigative terrorism” rather than legitimate journalism, and ruled that while Agyapong’s statements could be defamatory, Anas had not proven his claims.
Anas sought to challenge the jurisdiction of the High Court and raise concerns about potential biases, but the Supreme Court ruled against him.
Despite Agyapong’s request for costs to be awarded against Anas, the Supreme Court decided not to do so.
The legal battle between Anas and Agyapong began in 2018 when Anas sued the MP for allegedly publishing defamatory material to discredit him. Agyapong, who had been implicated in Anas’ documentary titled “Number 12,” dedicated his victory to former Ghana Football Association president Kwesi Nyantakyi.
The Supreme Court’s decision marks a significant milestone in the ongoing dispute between Anas and Agyapong, with implications for the freedom of the press and the limits of investigative journalism in Ghana.
