Court of Appeal orders retrial in Ken Agyapong-Kweku Baako defamation case, mandates refund of damages

The legal tussle between politician Kennedy Agyapong and veteran journalist Abdul Malik Kweku Baako Jnr. has taken a significant turn, with the Court of Appeal ordering a retrial of the defamation case and directing Mr. Baako to refund all monies previously paid to him by Mr. Agyapong.

The Court of Appeal’s ruling, delivered on Wednesday, sets aside a previous High Court judgment that had favored the Editor-in-Chief of the New Crusading Guide.

The case dates back to June 2020, when an Accra High Court ruled in Mr. Baako’s favor in a defamation suit filed against the then-Member of Parliament for Assin Central. At the time, the High Court ordered Mr. Agyapong to issue a retraction and a threefold apology on the platforms where the alleged defamation occurred. The court also directed him to pay GH¢100,000 in damages to Mr. Baako, as well as GH¢30,000 in legal costs.

Dissatisfied with the verdict, Mr. Agyapong appealed the decision, arguing that the trial process and the subsequent outcome failed to capture the full substance of his defense and the issues at the heart of the dispute.

Upon review, the Court of Appeal agreed with that position. The appellate court has now quashed the initial judgment and mandated a fresh trial to ensure that all matters in contention are properly and exhaustively determined.

In a crucial ancillary order, the Court has directed Mr. Baako to refund the entirety of the GH¢130,000 (covering both the damages and costs) paid to him pursuant to the vacated High Court ruling. The refund is to be executed within thirty (30) days.

Following the ruling, Mr. Agyapong has expressed his continued faith in the judiciary and has stated his commitment to pursuing the matter to its conclusion through the appropriate legal channels. The case now returns to the High Court for a de novo (new) hearing.