Court of Appeal clears Sammy Gyamfi in defamation case filed by NAPO
By DL News
Published
2 min read
In a unanimous decision, the court held that the statement at the centre of the dispute was not defamatory.
The Court of Appeal has set aside a High Court judgment that found NDC National Communications Officer, Sammy Gyamfi, liable for defaming former Energy Minister Dr Matthew Opoku Prempeh.
The appellate court also reversed the GH¢500,000 damages earlier awarded against Mr Gyamfi.
In a unanimous decision, the court held that the statement at the centre of the dispute was not defamatory.
It further found that the statement had not been proven to be false or malicious.
The decision overturns the High Court ruling delivered in favour of Dr Opoku Prempeh, popularly known as NAPO.
The case dates back to 2019, after Mr Gyamfi made comments at a press conference linking Dr Opoku Prempeh to Seidu Yakubu.
Seidu Yakubu had been arrested as one of the suspects in connection with the kidnapping of two Canadian women in Kumasi.
The specific statement complained of was that Seidu Yakubu, suspected of being involved in the kidnapping, was the “errand boy” of Dr Opoku Prempeh.
Dr Opoku Prempeh sued Mr Gyamfi at the High Court, arguing that the statement damaged his reputation locally and internationally after it was widely circulated by traditional and electronic media.
In his writ filed on June 25, 2019, through Sarkodie Baffuor Awuah & Partners, he demanded GH¢1 million in damages.
He also sought an order compelling Mr Gyamfi to retract the statement and apologise within seven days after judgment.
Dr Opoku Prempeh argued that the claim falsely portrayed him as someone connected to thuggery and kidnapping.
He maintained that throughout his public and private life, he had conducted himself decently and had no connection with the persons described in the suit.
The High Court, presided over by Justice Charles Gyamfi Danquah, upheld his claim.
It awarded GH¢500,000 in general damages against Mr Gyamfi and ordered him to publish a retraction and apology.
Mr Gyamfi, through his lawyers, appealed against the decision and also filed an application for stay of execution.
The Court of Appeal has now upheld the appeal.
The appellate court held that the trial judge erred in treating the statement as defamatory.
The ruling means the earlier damages, retraction and apology orders against Mr Gyamfi can no longer stand.
