Retraction of publication and unqualified apology to Mr. Nutifafa Kuenyehia On Thursday, November 4, 2009, the Ghanaian Times carried a story titled “court subpoenas Kuenyehia:” in which we reported on a forfeiture of Police Enquiry Bail Bond application before the Circuit Court, Accra.
We, however, also carried an interview granted to our Reporter by one Afolabi Akeredolu, in which he made a number of allegations including criminal and professional misconduct against Mr. Nutifafa Kuenyehia, a legal practitioner, a past president of Ghana Bar Association and former Chairman of the Media Commission.
We stated amongst others that: “ A letter from the Kotobabi Police signed by the Crime Officer, John Coffie, and dated June 1, 2009, which was addressed to the disciplinary committee of the General Legal Council cited by the Times had a copy of the forfeiture attached for onward service on Kuenyehia to appear before the court on June 8, 2009.
“Sources close to the court told the Times yesterday that Kuenyehia who was once chairman of the National Media Commission, failed to show up in court anytime the case was called. The sources further said the prosecution even resolved on Monday to seek a bench warrant for this.
“But in court on Monday, the prosecutor, Chief Inspector A.A. Annim, prompted the court clerk to call the case but the judge was not happy that the prosecutor caused the case to be called when he knew that it had always been called in his chamber.
“In view of this, the judge later went to his chamber with the prosecutor where the subpoena against Kuenyehia was issued, sources close to the court told the Times yesterday.
The case has been adjourned to November 16.Meanwhile, the banker Mr Afolabi Akeredolu,who was defrauded by A dekunle haspetitioned Chief Justice Georgina Wood over what he termed“improper conduct of a senior lawyer.” the petition dated October 14, 2009 said on March 27, this year, Kuenyehia stood surety for Adekunle who collected $54,000 from him in 2007, two weeks after he had cleared his pharmaceutical goods at the Tema Port.
“Mr. Akeredolu said instead of refunding the money Adekunle stayed put in Ghana for many months but with the help of the police, Adenkunle was arrested on March 27, this year at a guest house in East Legon.
“Two hours later, he said Kuenyehia secured his release “ by personally signing a police bond worth the sum of GH¢50,000 with a promise to the police that he will personally ensure refund of all monies owed within a month of his client’s release.
“However, he said when he called upon Kuenyehia a month later, to my greatest surprise, he kept coming up with stories of different types regarding how his client lost his mother.”
“According to Akeredolu, he later had information from a close friend of Kuenyehia the Adekunle had sent $30,000 to Kuenyehia through the Tetteh Quarshie branch of the Standard Chartered Bank on May 21, 2009. “I still waited patiently for the lawyer to discharge his duties as instructed by his client but he never did” he stated.
According to Akeredolu, to date, any effort in getting Kuenyehia to pay him the money “has been frustrated through different means. He has been employing tactics of presenting sick leave paper on sworn affidavit on court days to avoid appearing in court.
“For months after months, the case kept on adjourning without getting to instruct the lawyer to discharge his duties accordingly,” he added. “Mr. Akeredolu said he interpreted Kuenyehia’s conduct to be “Tantamount to obstruction of justice, wrong conversion of client proceeds and refusal to carry out client request according to law.”
According to him, he has lost his job as a result of the case and finds it difficult to sustain himself as the case drags.
“He, therefore, urged the Chief Justice to assist him by ordering the court to dispense justice accordingly.
Mr. Kuenyehia on the same date, through his lawyers, Akwetey & Associates of Accra, denied all the allegations made against him and forwarded to us a Photostat copy of uncashed and post-dated cheque number 2473038701517486700 drawn on Standard Chartered Bank, Opeibea House, which was issued by his client for encashment and payment to the Ghana Police Service as and when funds became available, and he was notified by his client.
Also enclosed was a Photostat copy of an e-mail dated November 4, 2009 sent to him by his client wherein he stated that “I assure you, Sir I am doing all I can to pay Afolabi off by next week.”
We carried excerpts from the letter from Akwetey & Associates in our Friday November 6, 2009 issue under the heading “Kuenyehia denies receiving money from clients”
However, in our issue of Tuesday January 19, 2010, we inadvertently again published further unsubstantiated and damaging allegations including charges of criminal and professional misconduct against Mr. Kuenyehia in our story titled “Ex-GBA President ordered to pay GH¢50,000 bail bond.”
Our attention, having been drawn to the offending, damaging, disparaging and unsubstantiated publications we carried about Mr. Kuenyehia in which we ascribed to him criminal and professional misconduct, we offered on our own, to work out a mutually acceptable retraction statement for publication. This was graciously accepted by Mr. Kuenyehia.
We hereby wish to and hereby retract the offending and damaging stories we carried about Mr. Kuenyehia and in particular the allegations of criminal and professional misconduct made against him and unreservedly apologise to him. We deeply regret the injury and damage that our said publications have done to his name, personality, image, reputation and integrity.
Finally, we wish to take this opportunity to thank Mr. Kuenyehia for his tolerance and patience and his willingness to accept the instant publication as an expression or our regret.
Witnessed by Kabral Blay-Amihere Chairman National Media Commission.
