Lawyers of former Auditor-General (A-G), Prof. Edward Duah Agyeman, have urged the High Court in Accra to take judicial notice of the “conduct” of National Chairman of the National Democratic Congress (NDC), Johnson Asiedu Nketiah, who had “represented to this Court that he is unwell.”
According to them, the NDC Chairman, despite the indication that he was unwell per an excused duty to the Court, was spotted on different occasions on NDC party campaign grounds, including that of July 27, 2024, in Tamale, where the NDC launched the 2024 Election Campaign.
The concerns of Prof. Duah Agyeman’s lawyers were borne out of a prayer by lawyers of Mr. Nketiah, popularly known as General Mosquito, who is the subject of a GH¢20 million defamation action from the former A-G, that their client was absent on medical grounds, which was earlier acknowledged by the Court.
Johnson Asiedu Nketiah, popularly known as General Mosquito, per an excused duty, had been granted leave on July 4 while the case was adjourned to July 31.
On July 31, when the case was called for hearing, lawyers of the NDC Chairman said, as indicated to the Court previously, that their client was due for a medical review, hence his absence.
However, the lawyers of the Plaintiff urged the Court to take notice of his presence at party activities, particularly on July 10, 19, and 27.
The former A-G had dragged General Mosquito to the Court for defamation, and he is demanding damages in the sum of GH¢20 million.
By Court
Her Ladyship Justice Audrey Kocuvie-Tay, the presiding judge, after listening to the parties, ordered a daily trial from October 8 to October 31, 2024, in the new legal year.
However, Counsel for the Defendant indicated he would be unavailable to assist the Court from October 8 to 11, 2024.
While Counsel for the Plaintiff also indicated their unavailability to assist the Court on October 30 and 31, 2024.
Medical review
In Court on Wednesday, July 31, 2024, Tonny Nyarko Acheampong, while holding brief for Samuel Codjoe as Counsel for General Mosquito (the Defendant), submitted that, on July 4, “we produced a medical excuse duty of the defendant which excuse duty indicated that the Defendant would be due for review today, the 31st day of July 2024.”
“We deem it necessary, therefore, to inform the court that as with the indication on the excuse duty, the defendant is slated for review and would update the court on any further development on his condition,” Counsel submitted.
Subpoenaed witness
He added, “we informed the Court at the last hearing date that our subpoena issued in respect of Kojo Thompson had not been served, and we prayed for an adjournment to ensure that the bailiff of the registry of the court effects service on him.
“We issued a hearing notice and also followed up at the registry. We are, however, being told that even though we have provided the contact details of the said Kojo Thompson, they have not been able to effect service on him.
“For which reason he is not in court today. My lady, we would, in the circumstance, pray for an adjournment for us to put our house in order and produce our next witness at the next adjourned date,” Counsel for General Mosquito submitted.
Witness no longer our employee
Kwame Ofori Addow, a lawyer from Societe General Ghana PLC, said, “we were subpoenaed in respect of the said Mr. Kojo Thompson.”
“My lady, Mr. Kojo Thompson used to be a managing director, but the bank has not been associated with him for the past 20 years.
“So the bank has no official dealing or professional relationship with him.
“As such, compelling us to speak to matters within his personal capacity and knowledge is a bit misplaced, as he is no longer a representative nor an employee.
“So, my lady, in line with the same, we have written a letter and returned the said subpoena to the registry,” he told the Court.
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Judicial notice
Nana Banyin Ackon, who was holding brief for Garry Nimako Marfo as Counsel for Prof. Duah Agyeman (Plaintiff), urged the Court to take judicial notice of the conduct of the Defendant despite representation that he is unwell.
“…But, we would like to submit to this court that as the court considers adjourning the matter, we pray that the court takes notice also of the conduct of the defendant who has represented to this court that he is unwell and therefore has obtained an excuse before this court.
“My Lord, it is important to indicate that the same person who has indicated that he is unwell has been spotted on different occasions on party campaign grounds, specifically on the 10th, 19th, and 24th of July 2024, after this court granted an excuse for him to appear in this court.
“My Lord, on the background of this submission, we would like to pray the court that the subpoenaed witness, having been unable to appear before this court after two adjournments already, my Lord will make an order that the defendant himself, who is a witness in this matter, proceed to mount the box and testify on the next adjourned date, and thereafter, if they still deem it fit to call these other witnesses on subpoena, they can proceed to do so.
“We believe that at this stage, enough is enough,” Counsel submitted.
No evidence
Counsel for the Defendant, in a quick rebuttal, said claims made by the Plaintiff were unsubstantiated, and if they have proof, they ought to submit that to the Court.
“My lady, respectfully, we submit that the defendant, contrary to what counsel has just told the court, has not made any appearance anywhere, as he has refused to place any evidence to that effect.
“The court has only one duty to administer justice and does so fairly without sentiments invoked by counsel in the matter. If they said they saw him, the appropriate thing to have done is to provide evidence before this court,” he submitted.
Reliefs sought
Prof. Duah Agyeman is praying the court to declare that the defendant’s publication on Neat FM that he was banned by the Institute of Chartered Accountants (Ghana) for producing fake audited accounts for a non-existent company is slanderous and defamatory of him, and the same was made without any reasonable, just, or probable cause.
“A declaration that the Defendant’s publication on Neat FM that ‘Duah Agyeman concocted fake audit reports concerning some senior officers which led to their dismissal from public service’ is slanderous and defamatory of the Plaintiff, and the same was made without any reasonable, just, or probable cause,” the plaintiff is praying.
Prof. Duah Agyeman is seeking a further declaration that the defendant’s publication on Neat FM that he was sacked from the Audit Service by reason of dishonesty was slanderous and defamatory of him, and the same was made without any reasonable, just, or probable cause.
He wants the court to grant an order of injunction directed at the defendant, agents, assigns, and his privies from continuing to make any further defamatory publication about him.
An order of the Court directed at the defendant to retract the said defamatory publication and render an unqualified apology in the same prominence on Neat FM and four publications in the Daily Graphic is also being sought.
General damages and compensatory damages in the sum of GH¢20 million for loss of reputation are also being sought against the defendant.
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