Kennedy Agyapong loses appeal against Kweku Baako's court victory

Sat, 8 Aug 2020 Source: My News GH

Maverick politician, Kennedy Agyapong, continues to incur more debts after his appeal against a ruling in favour of Editor-In-Chief of the New Crusading Guide Newspaper, Abdul-Malik Kweku Baako Junior, was on Friday thrown out.

A cost of GH¢3,000 was awarded against him by the trial judge Justice Afia Serwah Asare-Botwe.

In her ruling she said “After assessing the entire case of the Applicant, I see not exceptional circumstances or no demonstrating any peculiar error resulting in a substantial miscarriage of justice such as would merit the grant of the instant application for stay of execution.

"This court is even more fortified in its position considering the fact that the parties’ lawyers have had the entire proceedings of the court made available to them, even before they were required to file their written submissions, and as such they have had the chance to thoroughly study the record," she added.

She further noted that "clearly then, they are in pole position to raise any arguable points in the appeal and in support of this application. This Counsel for the Applicant has failed to do to the satisfaction of the court.”

It would be recalled that Lawyer for Kennedy Agyapong, Ralph Agyapong had earlier stated the Member of Parliament (MP) for Assin Central will appeal the judgment by the Accra High Court that found him guilty for defaming the Managing Editor of The New Crusading Guide Newspaper, Kweku Baako Jnr.

An Accra High Court presided over by Justice Afia Serwaa Asare Botwe found the Member of Parliament (MP) for Assin Central Kennedy Agyapong ‘guilty’ of defaming Kweku Baako Jnr.

He was given up to 30 days to retract and apologise three times on the platforms he used to defame the veteran journalist fined GH¢100,000 in damages plus cost of GH¢30,000

Kweku Baako sued Assin Central MP at the Accra High Court, seeking damages to the sum of GH¢25 million for defamation.

According to Mr Baako, the lawmaker defamed him on a radio talk show called Boiling Point on Oman FM and Adom Badwam talk show on Adom FM on separate dates.

Mr Baako had prayed the court to direct Mr Agyapong to “publish on three consecutive occasions on the same platform that he published the defamatory words, an unqualified retraction and an apology, with the same prominence as given to the issuance of the defamatory words. Other costs including legal fees and any others as this honourable court may deem fit.”

While talking on Boiling Point on Oman FM, Mr Agyapong according to the plaintiff allegedly said the following about him.

“You [referring to the plaintiff], Anas and your lawyer, yeah, they are really evil guys [referring to the plaintiff and Anas] … Kweku Baako will collapse NPP’s government should he allow it. Have you seen what he started with Charlotte Osei…?”

The plaintiff avers the defendant further made the following disparaging statement against him on the same show: “I said he is not a saint. Kweku Baako is not a saint. He is evil … very evil man … he’s a very evil man.”

But speaking on Accra-based Net2 TV monitored by MyNewsGh.com, Lawyer for Kennedy Agyapong said they will file for Appeal on Monday because the ruling by the Accra High Court did not sit down well with them.

Ralph Agyapong said "If there is a judgement, after one week the judgement ceases. So after one week if you have any processes you can go ahead with it. As I speak to you, that Judgement will be a subject of appeal from Monday because as I speak, the notice of appeal is ready. So If it becomes subject of appeal, there’s a process called a stay of execution pending an appeal.

"So with the Judgement by the High Court, we will send a motion to the court to tell the judge to hold on to that so we deal with the Appeal and if the High Court does not agree to this, we have the opportunity to go to the court of Appeal. If we go to the court of Appeal and they don’t agree we will go to the Supreme Court so with all these steps it’s not a small ladder and it’s not easy. That is why we have the three wise men so at the three wise men level you’ll see three justices who will Judge on whether the High Court erred of not. They can agree to the High Court ruling or overturn it. We have a long way to go so he shouldn’t think we are done,” he addded.

Source: My News GH

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