Ghanaian investigative journalist Anas wins $18m defamation lawsuit against top politician: What you need to know
Ghanaian investigative journalist Anas Aremeyaw Anas has secured a landmark victory in the United States, winning an $18 million defamation lawsuit against former Ghanaian Member of Parliament for Assin Central, Kennedy Agyapong.
The verdict was delivered by a jury in Essex County, New Jersey.
Background of the case
The lawsuit, filed on May 17, 2022, in the Essex County Superior Court, accused Kennedy Agyapong and media personality Frederick Asamoah of making defamatory statements against Anas during an episode of The Daddy Fred Show.
During the program, Agyapong allegedly made several damaging and false claims, including accusing Anas of being a criminal, a thief, and being responsible for the murder of investigative journalist Ahmed Suale.
Legal proceedings in New Jersey The New Jersey court proceedings, presided over by Judge Jeffrey B. Beacham, saw Kennedy Agyapong and his brother, Ralph Agyapong, testify. As in the Ghanaian case, Agyapong attempted to use audiovisual material titled “Who Watches the Watchman” as evidence and cited the Ghanaian court ruling in his defense. However, the jury ruled 8-0 against him on all counts. Anas’ legal team, led by Andrew Deheer, Esq., successfully argued the case, proving Agyapong’s statements to be false and defamatory.
Connection to Ahmed Suale’s murder
Ahmed Suale, a key member of Anas’ investigative team, was assassinated in 2019 following the release of Number 12, a documentary that exposed corruption in Ghanaian football. His murder shocked the nation and raised concerns over the safety of investigative journalists in Ghana.
The court documents outlined specific allegations made by Agyapong, including:
Falsely claiming that Anas had been convicted of crimes in Ghana, accusing Anas of orchestrating Ahmed Suale’s murder, asserting that Anas was responsible for the deaths of multiple Chinese nationals in Ghana, and labeling Anas as a thief.
Anas' response to the verdict
Following the court ruling, Anas released a statement expressing his sense of vindication and determination:
"I stand before you today with a profound sense of vindication and determination. Yesterday, in the Essex County Superior Court in New Jersey, an eight-member jury delivered a unanimous verdict finding Kennedy Agyapong—former member of the Ghanaian Parliament—liable for defamation and awarding damages of 18 million U.S. dollars."
Anas emphasised that the ruling was a victory not just for him but also for the fight against falsehoods and character assassination in democratic societies. He pointed out the challenges of proving defamation in the United States, stating that the unanimous jury ruling was a testament to Agyapong’s malicious intent.
A contrast in justice: Ghana vs. the U.S.
Anas compared his legal battle in the United States with his experience in Ghana, where a similar defamation lawsuit in 2018 was dismissed. He expressed disappointment over how the Accra High Court’s Justice Eric Baah ruled against him, despite Agyapong admitting to lacking evidence for his claims.
He wrote, "Regrettably, the situation in Ghana was starkly different. In 2018, when I pursued a similar lawsuit there, justice eluded me. Despite Mr. Agyapong’s own admission of lacking evidence to support his calumnious claims, Justice Eric Baah of the Accra High Court not only denied me justice but also unjustly portrayed me - the civil plaintiff - as a criminal."
Anas cited Supreme Court Justice Kulendi’s condemnation of the Ghanaian ruling as a “violent abuse of judicial authority.”
"This ruling was later condemned by Supreme Court Justice Kulendi, who described it as a 'violent abuse of judicial authority.' Such outcomes are a stark reminder of the systemic flaws within our Ghanaian judicial system—flaws that demand urgent reform," he added.
