Renowned entertainment writer Anthony Osarfo would on Friday face-off with former Blackstars Captain Asamoah Gyan in court after the journalist sued the footballer for one million Ghana cedis.
The Genesis of the case
Readers would remember that Asamoah Gyan in 2015 made waves after a lady identified as Sarah Kwablah accused the footballer of raping her after he had visited her house.
The story was reported by Anthony Osarfo and Chris Handler who were later arrested by the police after the footballer through his manager Samuel Anim Addo reported the two for trying to extort money from Asamoah Gyan.
The rape allegation brought against Gyan never made it to court because the footballer maintained and accepted that he had sex with the victim but it was consensual making the Attorney General by then clear him of all the charges.
On the arrest of Anthony Osarfo and the others for extortion which according to the laws of the country is Second Degree Felony in Section 151 of Ghana’s Criminal and Other Offences Act.
It was established that Anthony never intended to blackmail the footballer with the said monies but it was rather his manager(Samuel Anim Addo) who promised to give him some money so he could kill the story which he did but later went to report to the police Anthony was extorting monies from them.
After three and half years legal battle, the court presided by Her Ladyship Afia Agbanu Kumador in her 16-page ruling stated that:
“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.”
One million suit against Asamoah Gyan
Anthony after his release from police custody narrated that he was beaten by the policemen stationed at the Airport Police Station.
After he was cleared by the court, he decided to sue the footballer and his manager for what he described as malicious prosecution.
According to him, they two got him arrested over a crime they know very well he didn’t commit. Secondly they kept vital information from the prosecutors which would have ended the case a long time.
Due to that, he is suing them and praying that the court makes them pay for General Damages of One Million Ghana Cedis and legal fees.
Asamoah Gyan and his manager playing hide and seek
Lawyer for the journalist Yaw Dankwa of Dankwa and Associates Chambers, made several attempts since last year August 24, 2020, to direct service of the writ on the Defendants but all attempts proved futile.
Lawyer for the Plaintiff therefore resorted to substituted service; where the sitting judge on the case, Her Ladyship, Justice Ellen Vivian Amoah, directed that the writ be posted at the premises of Ghana Football Association (GFA), the 1st Defendant’s house (Basilica at new Weija), and the notice board of the High Court for 21 days.
The Defendants called the bluff of the court—they refused to enter appearance and/ or defense.
The Plaintiff, again, through his lawyer, filed a motion on notice for judgment in default of appearance-thus; the Plaintiff sought leave of the court to notify the Defendants that if they fail to come to court, judgment will be passed against them.
The judge upheld the motion and gave an order for the motion to be posted at the premises of Ghana Football Association (GFA), the 1st Defendant’s house (Basilica at new Weija), and the notice board of the High Court, this time, for 14 days.
For the second time, the Defendants failed to enter appearance and/ or defense.
After almost a year of serving the Defendants, the Plaintiff finally filed a supplementary affidavit and a hearing notice, praying the court to pass judgment against the Defendants come Friday, May 14, 2021.
The Defendants, through their lawyer, A. A. Somuah-Asamoah of Appiade Chambers, have filed a motion on notice for leave to enter late appearance and defense. In simple terms, they are now poised for litigation.
The Defendants claim in their motion that they were out of the country when the Bailiff served them.
See photos of the suit below:
