A High Court in Accra has declined an application by Kennedy Agyapong seeking to dismiss the GHȼ25 million defamation suit filed against him by Anas Aremeyaw Anas.
The court, presided over by Justice Daniel Mensah, also held that the writ filed by Anas does not in any way violate the constitutional rights of Mr Agyapong as no relevant legal points had been raised to substantiate that claim.
Mr Agyapong claimed the wearing of a mask and concealment of his identity breached his constitutional rights under Article 33 of the Constitution.
Mr. Agyapong filed an application seeking to dismiss Anas’ lawsuit on the basis that the writ was incompetent.
The legislator averred that the writ did not disclose Anas’ address, and that even the address provided by Anas was not his address and he did not live there.
He said that the writ breached his constitutional right as a person.
The ace investigative journalist filed the suit against the MP after the latter in an attempt to stop Anas from airing the documentary “Number 12,” which detailed corruption in Ghana football, made allegations of tax evasion, invasion of privacy, blackmail.
Mr. Agyapong, in a series of media commentaries, demanded that Anas must not air the video.
“Yes, he [Anas] is evil, he is an extortionist; he is a blackmailer. I challenge him. Let us have the former Chief Justice. She should tell us what transpired between her and Anas,” Mr Agyapong is alleged to have said on one of the radio stations.
Anas, on June 8, 2018, proceeded to court with a defamation suit to give Kennedy Agyapong the opportunity to prove the claims and allegations he has been making against him.
Apart from the damages of GH¢25 million, Anas Aremeyaw Anas, is also demanding costs, including lawyers’ fees.
Mr. Agyapong on Asempa FM described Anas Aremeyaw Anas’ defamation suit against him as “too cheap.”
Mr Agyapong said “I will pay him [Anas] if I lose in court.”
Meanwhile, the court directed Anas to furnish Mr Agyapong with a more detailed address in 10 days as the current address is not sufficient.
The court disclosed that Anas uses North Labone Crescent while Kweku Baako, who also lives there, described it as North Labone Estates in a writ he filed at the Supreme Court.
The court further directed Mr Agyapong to file his statement of defence within 14 days.
Meanwhile, Kennedy’s lawyer, Ralph Agyapong, said media reports suggesting that his client’s application had been thrown out by the court are inaccurate.
The lawyer told Myjoyonline.com that the fact that the judge directed Anas Aremeyaw Anas to furnish Ken Agyapong with detailed address technically means there is no writ served on his client.
According to Ralph Agyapong, the applicant (Anas) is yet to make the corrections in his address as directed by the court before the writ could be served.