Defamation Case: Court slaps Asiedu Nketiah with GH¢3,000 cost for omitting ‘necessary witness’

Former Auditor-General Professor Edward Dua Agyeman sued Asiedu Nketiah, also known as General Mosquito, for defamation in 2018, seeking GH¢20 million in damages.

The court, presided over by Justice Audrey Kocuvie-Tay, granted Asiedu Nketiah’s request to amend his pre-trial checklist to include the omitted “necessary witness.” However, the court imposed the GH¢3,000 cost due to the oversight.

Court proceedings

On February 19, 2025, Tonny Nyarko, counsel for Asiedu Nketiah, moved a motion to amend their earlier processes.

“My Lady, we have an application for leave to amend the pre-trial checklist, which was filed on February 13, 2025, and is fixed for hearing today (February 19, 2025),” he said.

“We move in terms of the motion paper and the supporting affidavit, together with the attached exhibits,” Counsel submitted.

Relying on all depositions contained in their affidavit, he stated that on October 29, 2024, they had filed a notice of subpoena for Brian Anku Sapati.

“At the last court sitting, our attention was drawn to the fact that we inadvertently excluded Brian Anku Sapati from our pre-trial checklist, even though he is a necessary witness in this matter,” Counsel submitted.

In light of this, he explained, “We filed the present application for leave to amend the pre-trial checklist pursuant to Order 16, Rule 7 of C.I. 47, which pertains to the amendment of other documents.”

“We submit that the amendment is made in good faith and is necessary to enable the applicant (Asiedu Nketiah) to present the entirety of his case before this court, aligning with the requirements of the court’s case management procedures,” Nyarko stated.

He further argued that the application would not take the plaintiff, Prof. Dua Agyeman, by surprise since a notice of subpoena was already on record.

“In these circumstances, we pray this court to grant us leave to amend the pre-trial checklist in terms of Exhibit ‘J1,’” Counsel for the NDC Chairman pleaded.

Nana Bayin Ackon, holding brief for Gary Nimako Marfo, stated, “We have nothing to say,” adding, “We leave it to the determination of the court.”

Court ruling

After listening to both parties, Her Ladyship Justice Audrey Kocuvie-Tay granted the request for leave but awarded a cost of GH¢3,000 against Asiedu Nketia.

“The application is granted as prayed,” the court ruled.

“The applicant is given seven (7) days to file,” the court stated, adding, “A cost of GH¢3,000 is awarded against the defendant/applicant (Asiedu Nketiah) in favor of the plaintiff/respondent (Prof. Edward Dua Agyeman).”

The case has been adjourned to April 3, 2025, for continuation.

Neither Prof. Edward Dua Agyeman (plaintiff) nor Johnson Asiedu Nketiah (defendant) was present in court.

Reliefs sought

Prof. Dua Agyeman is asking the court to declare that the defendant’s publication on Neat FM, claiming he was banned by the Institute of Chartered Accountants (Ghana) for producing fake audited accounts for a non-existent company, is slanderous and defamatory.

He asserts that the statement was made without any reasonable, just, or probable cause.

Additionally, he seeks a declaration that the defendant’s claim on Neat FM that “Dua Agyeman concocted fake audit reports concerning some senior officers, which led to their dismissal from public service” is defamatory.

Prof. Dua Agyeman is also requesting a declaration that the defendant’s assertion on Neat FM that he was dismissed from the Audit Service due to dishonesty is slanderous and defamatory.

He is further seeking:

• An order of injunction restraining the defendant, his agents, assigns, and privies from making further defamatory statements about him.

• A court order directing the defendant to retract the defamatory publication and render an unqualified apology with the same prominence on Neat FM and in four editions of the Daily Graphic.

• General and compensatory damages amounting to GH¢20 million for loss of reputation.