Court throws out Captain Smart's plea to discontinue defamation suit by Asenso-Boakye

An Accra High Court hearing a defamation suit involving the Minister for Works and Housing, Francis Asenso-Boakye and TV host, Blessed Godsbrain Smart popularly known as Captain Smart, has dismissed a preliminary application filed seeking to dismiss the case.

According to a 3News.com report, the court on Tuesday, July 11, 2023, in its ruling described the application by the defendant, Captain Smart, as frivolous and without merit, allowing the lawsuit to proceed to trial.

The suit against the TV host stems from an allegation made by the TV host on his show 'Maakye’ on Onua TV in which he connected the Minister Francis Asenso-name Boakye to a matter involving Labianca Company Limited and the Ghana Revenue Authority (GRA).

Captain Smart claimed on the show that the minister intervened in the transfer of a Customs officer despite a disciplinary committee's recommendation.

In response to the allegations, Asenso-Boakye issued a statement denying them and expressing dissatisfaction with Captain Smart's misrepresentation of the facts.

He emphasized his dedication to upholding the highest standards of integrity and truthfulness in his work, and he demanded Captain Smart's retraction and apology, which he refused.

During the hearing on 21st April 2023, the court considered an application by the defendants' lawyers, Sory @ Law, to determine whether the plaintiff's failure to plead the exact words allegedly uttered in the Twi language and interspersed with English, rendered the suit unmaintainable in law and frivolous. The court decided to set this issue as a preliminary matter to be determined before the trial.

The court decided to make this a preliminary matter to be resolved before the trial.

Both parties were instructed to present their respective arguments on the subject. The court concluded that Captain Smart’s preliminary application lacked merit and dismissed it on July 11, 2023, after carefully considering the arguments presented.

As a result, the defamation case will go to trial again and the court will decide its merits.

Because the preliminary application was denied, Francis Asenso-Boakye will be able to present his case and seek redress for the alleged defamatory statements made against him. The trial will serve as a platform for the court to examine the evidence and make a final decision based on the case's merits.

The legal proceedings in this defamation case have received a lot of attention, emphasizing the importance of responsible journalism as well as the consequences of making false or defamatory statements. The trial's outcome will undoubtedly have consequences for the parties involved and may set a precedent for future cases involving similar allegations.

As the defamation case moves forward, Captain Smart and Media General will both have to prepare to defend themselves in court. The trial date has yet to be set, and the court will provide more information about the proceedings in due course.

NW/WA

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