Renowned Entertainment journalist, Anthony Osarfo, has sued footballer Asamoah Gyan and his manager, Samuel Anim Addo, for cooperating with the state to maliciously prosecute him.
Background
In June 2015, Daily Guide reported that one Sarah Kwabla was threatening to leak a s*x video involving herself and Asamoah Gyan. However, the said Sarah’s side of the story was not captured in the report.
Anthony Osarfo did a follow up by getting in touch with Sarah and scooped fresh angles to the story. It came to light that Sarah did not threaten Gyan with any s*x video as Daily Guide reported, rather, she accused Gyan of raping and sodomising her.
The alleged act was captured by a CCTV camera in her house. In his defense, the footballer has admitted and maintained at all times to having consensual s*x with Sarah. The Attorney General cleared Gyan of all the alleged criminal charges, though the case didn’t go to court for trial.
Arrest and Prosecution
Suspecting Anthony Osarfo and Sarah had conspired to blackmail and extort money from Asamoah Gyan, Samuel Anim Addo reported Osarfo to the police. Osarfo was arrested, and widely published on several websites and on the front page of Daily Guide.
Osarfo was later charged with extortion and conspiracy to extort money which is a Second Degree Felony in Section 151 of Ghana’s Criminal and Other Offences Act. He was subsequently arraigned before court for criminal prosecution.
Acquittal and Discharge
In court, it turned out that Anthony Osarfo did not intend to blackmail Asamoah Gyan nor conspired with anyone to extort money from the popular footballer also known as Baby Jet.
Rather, it was Samuel Anim Addo who first proposed to give money to Osarfo for him to end his publications in Gyans interest, but turned around to accuse Osarfo of extorting money from the footballer.
Under cross-examination, Samuel Anim Addo (Complainant) disclosed to the shock of the court, that, he reported the suspect (Anthony Osarfo) to the police and had him arrested based on advice from Gyan’s former lawyer, Kissi Agyabeng.
In her 16-page ruling, the trial judge, Ms. Afia Agbanu Kumador, stated:
“1st Applicant (Anthony Osarfo) cannot be criminally held liable for conspiring with anyone to extort and indeed extort money from Complainant because the moment PW1 (Samuel Annim Addo) reported the matter to police and he agreed to entrap 1st Applicant, there was no threat operating on his mind which induced him to pay the money.”
After three and a half years of trial, Anthony Osarfo was acquitted and discharged. He was represented by popular lawyer, Maurice Ampaw.
Malicious Prosecution
Anthony Osarfo (Plaintiff), now a multi-award-winning Hollywood horror screenwriter, has sued Asamoah Gyan (1st Defendant) and Samuel Anim Addo (2nd Defendant), jointly and severally for malicious prosecution.
The Plaintiff avers that: The 1st and 2nd Defendants, to save and preserve their career and reputation, decided to make false allegations against the Plaintiff and pressed upon the prosecution to prosecute the Plaintiff for an offence they knew the Plaintiff did not commit.
That with malice, the Defendants withheld information from the prosecutors which would have ended the prosecution of the Plaintiff and to exonerate him but intentionally failed to do so.
Statement Of Reliefs
The Plaintiff is praying the court for: an order compelling the Defendants to pay the Plaintiff General Damages of GHC 1,000,000, and legal fees.
Substituted Service
The Plaintiff filed the writ on August 24, 2020, and to direct service. Per the court records, two separate Bailiffs made at least three attempts to serve the Defendants but couldn’t succeed.
The new legal team of the Plaintiff led by Yaw Dankwa, Esq. of Acquah-Sampson & Associates Legal Practitioners, filed a Motion Ex parte for substituted service for the Writ of Summons and Statement of Claim to be posted at: Notice Board (General Jurisdiction) of the High Court, Accra, 1st Defendant’s house, and at Ghana Football Association (GFA) premises.
On Wednesday, November 18, 2020, the Motion was moved. After hearing the Plaintiff’s lawyer’s submission and studying the affidavit of non-service in the docket, the judge ordered for the Writ of Summons and Statement of Claim to be served on the Defendants at the aforementioned places.
Copy of the order:
The judge further directed that the writ shall remain posted for 21 days. The Defendants have within 21 days to file appearance and defense, in default, judgement may be given in their absence without further notice to them.
Below are full details of the writ:
