Supreme Court throws out Barker-Vormawor’s motion for Kan-Dapaah to respond to 17 questions of facts

The Supreme Court of Ghana has reportedly thrown out an application by the former lead convener of the #FixtheCountry Movement, Oliver Barker-Vormawor, for the court to compel the Minister for National Security, Albert Kan Dapaah, to answer 17 questions of facts in their ongoing GH¢10 million defamation case.

According to Accra-based GHOne TV, the motion by the former lead convener of #FixtheCountry was dismissed during proceedings on Wednesday, July 10, 2024.

Barker-Vormawor filed the motion in the Supreme Court after Albert Kan-Dapaah refused to admit to the facts of the 17 questions, citing national security reasons at the High Court hearing of the GH¢10 million defamation suit.

Barker-Vormawor and his lawyers, led by Dr. Justice Srem Sai, on February 13, 2024, filed an application at the High Court seeking the National Security Minister to admit to some 17 questions (facts).

His request to the Court, titled "Request to Admit Facts," was in relation to Albert Kan Dapaah's GH¢10 million defamation suit against him.

However, in a response filed by the Minister's lawyers on February 28, 2024, led by Bright Otchere Adjekum, titled "Response to Request to Admit Facts," the Minister refused to respond to the questions.

"TAKE NOTICE that the Plaintiff (Kan Dapaah) refuses to admit the several facts contained in Paragraphs 3 to 17 of the Request to Admit Facts on the basis of National Security Confidentiality and his Oath of Secrecy," Kan-Dapaah's response indicated.

The ruling of the Supreme Court means that the Minister for National Security is under no obligation to answer the questions.

Below are questions Barker-Vormawor required Kan Dapaah to admit to as provided by kasapafmonline.com:

1. That the Plaintiff is a member of the National Security Council.

2. That the Plaintiff attends the meetings of the National Security Council.

3. That the National Security Council did discuss the Defendant.

4. That the National Security Council did discuss the activities of the FixTheCountry movement.

5. That the National Security Council did discuss the Defendant’s activities with the FixTheCountry movement.

6. That the National Security Council did take a decision on how to handle, deal with, or treat the Defendant.

7. That the National Security Council did take a decision on how to handle, deal with, or treat the FixTheCountry movement.

8. That the National Security Council did consider the Defendant as a threat to national security.

9. That the National Security Council did consider the activities of the FixTheCountry movement as a threat to national security.

10. That the Plaintiff did consider the Defendant as a threat to national security.

11. That the Plaintiff did consider the activities of the FixTheCountry movement as a threat to national security.

12. That the National Security Council did require, direct, instruct, or expect the plaintiff to carry out its decision(s) on the defendant.

13. That the National Security Council did require, direct, instruct, or expect the Plaintiff to carry out its decision(s) on the FixTheCountry movement.

14. That the National Security Council did require, direct, instruct, or expect the plaintiff to coordinate the carrying out of its decisions on the Defendant.

15. That the National Security Council did require, direct, instruct, or expect the plaintiff to coordinate the carrying out of its decisions on the FixTheCountry Movement.

16. That the Plaintiff does work or perform his functions (as the minister responsible for national security) through the security and intelligence agencies.

17. That the Plaintiff does work or perform his functions (as the minister responsible for national security) through the Ghana Police Service.

Background:

Albert Kan-Dapaah filed the defamation suit over some comments made by Barker-Vormawor, which the Minister alleges defamed him.

The action of Kan Dapaah comes on the back of some allegations made by the #FixTheCountry Convener that the National Security and some government officials had met him and offered him money in order for him to stop his activism against the government.

The National Security Minister refuted the allegation and subsequently filed a defamation suit against Barker-Vormawor in court.

The Minister is seeking "recovery of the sum of Ten Million Ghana cedis (GH¢10,000,000.00) as General Damages including Aggravated and/or Exemplary Damages for Defamation for the words uttered by the Defendant."

"An apology for and retraction of the words complained of supra."

"A perpetual injunction restraining the Defendant from repeating similar or other defamatory words against the Plaintiff."

BAI/ ADG

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