NMC Drags Baako To Court!

For declining to appear before its Complaints Settlement Committee, the National Media Commission (NMC) has filed a suit against Messrs Kweku Baako Jnr., Editor-in-chief and Managing Editor of The Crusading Guide.

The NMC (Plaintiff) is praying an Accra High Court for the determination of the following issues: “That upon a true and proper interpretation of Sections 12, 13 and 15 of the National Media Commission Act 1993 (Act 449), Parliament intended to make settlement of Complaints by aggrieved persons against media personnel such as the Defendants herein and other mandatory, once a Complaint is lodged before the Complaints Settlement Committee of the NMC; a declaration that no person against whom a Complaint is lodged has a right to refuse to appear before the Complaints Settlement Committee of the Commission; an order directed against the Defendants herein to appear before the Complaints Settlement

In an affidavit in support of the writ of summons, Mr Joseph Edwin Tetteh Dottey, acting Executive Secretary of the Commission, averred that Section 13(1) of the said Act provided that any person aggrieved by a publication or by the act or omission of any journalist, newspaper, a publisher or any person in respect of any publication in the media may lodge a Complaint against the editor, publishers, proprietor or other persons with the Complaints Settlement Committee.

“That Subsection 2 of Section 13 provides in mandatory terms that once a Complaint is lodged, the Complaint loses his/her right to go to Court, unless he/she withdraws the Complaint”.

The Acting Executive Secretary recalled that recently two Complaints were lodged against the Defendants: one by the former First Lady (Nana Konadu Agyeman-Rawlings) against the 1st Defendant (Kweku Baako) and the other by the Ministry of Health against the 2nd Defendant (Kwesi Pratt). “In accordance withy the procedure of the Committee, the Complaints were forwarded to the Defendants for their reaction to enable the Complaints Settlement Committee make a determination of the cases”, but “the Defendants wrote back declining the invitation and directing the Complainants to go the Court”.

He averred further that since the Complaints have not written to withdraw their Complaints “the Complaints Settlement Committee as established under the National Media Commission Law (Act 499) is in duty bound to determine the Complaint”.

In conclusion, Mr Tetteh Dottey stressed, “Accordingly, I say that the Defendants in terms of the provisions of Act 449, are obliged to appear before the Complaints Settlement Committee to enable the said Committee to conduct its work in accordance with law.”

The ex-First Lady, through her Solicitors – Nii Odoi Annan and Company (in Association with Johnny Hansen & Company of Popular Chambers in Accra) – complained to the Media Commission against a publication in the Vol. 4 No. 49: June 25 – July 1, 2002 edition of The Crusading Guide. The story in question was headlined, “Tracking the Assets and Accounts of ‘The Rawlingses: KONADU’S FOREX ACCT. EXPOSED! …It Is A Multi-Million Dollar Facility.”

The publication indicated among other things that the paper’s Swiss scouts had uncovered a foreign account in the name of Nana Konadu Agyeman-Rawlings in a Swiss bank going by the name GONET & CIE, Private Bankers located at 6 Boulevard du Theatre CH 1121, Geneva, Switzerland. The Account number was given as 904242 and had a balance of US$632,400.

Mrs. Rawlings and Mr Victor Smith initially described the story as a “complete fabrication and threatened immediate legal action. Baako accepted their challenge, and dared them to proceed to court. Surprisingly, Mrs. Rawlings ‘chickened’ out of the latter option, and lodged a complaint with the NMC, claiming that she didn’t have any faith in the judiciary with regards to equity and justice.

Upon receipt of the ‘Konadu Complaint’ the NMC invited both the Editor-in-Chief and Professional Link Limited, the Publishers, for an arbitration. They however, declined to honour the invitation saying that the exercise to ensure probity, accountability and transparency relative to ‘the Rawlingses’ was a package which had featured stories headlined “JJ’s KIDS LIVE IN 250,000 pounds FLAT IN IRELAND” (June 11 – 17, 2002) “EXPENSIVE EDUCATION FOR ‘THE RAWLINGSES’…. In overseas Schools, Where the Fees Charged Range between 7,000 pounds and 15,000 pounds per annum!” (June 13-19, 2002).