The Founder and Leader of the Ghana Freedom Party, Akua Donkor has been sued.
A second defendant, who has also been sued, is the host of a radio programme on a radio station called Silver 98.3 FM in Kumasi.
The two have been sued for allegedly defaming former President John Mahama.
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The plaintiff says that during a radio interview on Silver 98.3 FM which the 2nd Defendant was the host, the 1st Defendant made a libelous statement without any justification whatsoever against the person of the Plaintiff.
Below is the full statement:
IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
ACCRA – A.D. 2020
BETWEEN
MARY AWUSI PLAINTIFF
AND
AKUA DONKOR DEFENDANTS
………………..
The Plaintiff is a Ghanaian citizen.
The 1st Defendant is a Ghanaian citizen, a politician and the founder and leader of Ghana Freedom Party(GFP).
The 2nd Defendant is the host of a radio program on a radio station called Silver 98.3 fm.
Plaintiff avers that she is a married woman and has two children from the marriage.
Plaintiff avers that she is the Chief Executive Officer of the companies called Crest Energy and Yamamay Ventures.
Plaintiff says that she is the first Parliamentary Candidate in Asante Akim North on the ticket of the National Democratic Congress and also she was the Parliamentary Candidate for the National Democratic Congress in the 2016 Presidential and Parliamentary elections.
Plaintiff says that she is an executive board member of Crest Energy Ghana Limited, also she is the Deputy Regional Women’s organizer for the National Democratic Congress and trainer for Women Academy for Africa
Plaintiff avers that she holds a Bachelor of Arts in Sociology and Adult Education, a Master’s degree in Sociology and is enrolled at the University of Ghana as a PhD student in Adult Education and Human Resource Studies.
Plaintiff says that during a radio interview on Silver 98.3 fm which the 2nd Defendant was the host, the 1st Defendant made a libelous statement without any justification whatsoever against the person of the Plaintiff.
Plaintiff repeats paragraph 9 and avers further that the 1st Defendant made the defamatory statement in the twi language to wit; “Journalist : amanfuo se papa no papa no papa no . Errr papa no wo nim nipa kr) y3 fr3 no papa no? Akua Donkor: errr John Mahama Journalist : err wose 3yE whana? Akua donkor: 3y3 John Mahama Na 3y3 papa no. 3ny3 omo nkoaa bebree hy3 h) Journalist: saa Akua Donkor: errr Journalist: ehenfo na bebree hyehy3 hor? Akua Donkor: baako wor agogo. Err 2016 kraa ogyina Mp 3wor agogo hor Na omo anto amano. Ono no di3 )wo y3 kraaa, Wa wo b3y3 S3 bosom b3 y3 3nae os3 enum nie. Bosom num kraaa mbae )ne mahama. Obi Na 3b3 ka kyir3 me s3 wawo. Wawo w) hospital kraaa. Wa kor tor fie kraa amano w) Tema . Na ote suotuom. Na ote suotum Na wak)t) fie w) tema. Akua Donkor: We hu s3 Nea ma Kyr3s3 odi mp wohor no, wo k) h) no mo ahh kobisa obiaa y3 b3 ka s3 y3 fr3 no may. Mary no Na ya y3 no May. Nti saa. )no Na 3mano gyina mp no. Sika puduo ahh okukuru Di maano S3 onfa nko kodi ne mp no ny3 agr).”
Plaintiff says that the defamatory statement in paragraph 10 in the English Language reads: “Journalist: there are rumors and speculations about a name “Papa no” do you have any idea who he is? Akua Donkor: err he is John Mahama. Journalist: (exclaims) who did you say he is? Akua Donkor: it is John Mahama. The ladies are many not only about Them Journalist: Really? Akua Donkor ? there is a woman who contested the agogo seat in 2016. She wasn’t voted for. She has a 4 to 5 months baby with John Mahama. I was told she gave birth at the hospital. John Mahama bought a house at Tema for her. Previously she was staying at Suotum. Akua Donkor: you see the lady I am talking about, You can verify from everyone in her constituency. She is Called May, Mary for short. John Mahama supported her MP bid with a huge sum of money to contest as Mp. All the female MPs who contested as Parliamentary Candidates are his concubines . He gave all of them money to contest.”
Plaintiff avers that the 2nd Defendant as the interviewer and host of the radio programme failed and or neglected to dissociate himself from the defamatory statement made by the 1st Defendant and also failed and or neglected to get the 1st Defendant to retract the defamatory statement.
Plaintiff says that the said interview between the 1st Defendant and 2nd Defendant was published to thousands of listeners.
Plaintiff avers that by uttering and causing to be published falsely of and concerning the Plaintiff in paragraphs 10 and 11 herein, the 1st Defendant meant and ordinarily understood by right – thinking members of the society to mean that the Plaintiff is an unfaithful spouse, an unchaste person, a pervert, a person of low moral character, a person of no integrity and that the second child of her marriage is not the child of her husband but that the child is the child of a man she is not married to.
Plaintiff avers that the 1st Defendant by publishing the said defamatory statement with the aid of the 2nd Defendant, did so with the sole purpose of denting the hard won reputation of the Plaintiff without any justification.
Plaintiff says that the false and malicious utterances made by the 1st Defendant which were aided by the 2nd Defendant were designed to disparage her and create embarrassment, resentment and disaffection for her in the minds of right – thinking members of the society.
Plaintiff will rely on the following facts and matters in support of the claim for damages, including aggravated damages for malicious defamation:
The defamatory words were uttered, broadcast and published by the Defendants recklessly and not caring about the irreparable damage that will be caused to the reputation of the Plaintiff;
The defamatory words were uttered, broadcast or publicized without caution in a malicious manner with intent to cause damage and injury to the Plaintiff’s hard- earned reputation.
Plaintiff avers that the 1st Defendant and 2nd Defendant have injured the image of the Plaintiff and brought her hard won reputation into hatred, ridicule, odium, discredit, contempt, opprobrium and reproach and as such right thinking members of the society question the integrity of the Plaintiff.
WHEREFORE Plaintiff claims against the 1st Defendant and 2nd Defendant jointly and severally:
A declaration that the defamatory words uttered and published by the 1st Defendant in the interview with the 2nd Defendant are defamatory.
A declaration that the Plaintiff’s reputation has been injured by reason of the false, malicious, unjustifiable and reckless defamatory statement uttered by the 1st Defendant in her interview with the 2nd
An order of the Honourable Court directed at the Defendants to publish an unqualified retraction and an apology on Silver 98.3 fm Platform with the same prominence the defamatory words received within 14 days after the judgment.
An order of the Honourable Court for perpetual injunction restraining the Defendants, their agents, assigns and servants from further publishing any defamatory words against the Plaintiff.
The sum of Five Hundred Thousand Ghana Cedis (GH₵500,000.00) in general damages against the 1st
The sum of Three Hundred Thousand Ghana Cedis (GH₵300,000.00) in general damages against the 2nd Defendant for using his radio programme to publish the defamatory statements of the 1st
The sum of Six Hundred Thousand Ghana Cedis (GH₵600,000.00) as punitive damages against the Defendants.
Cost including lawyer’s fees and
Any other order or orders as to this Honourable Court may deem fit in the circumstances.
DATED AT AYINE AND FELLI LAW OFFICES, H/NO. C808/29, 1ST CLOSE LILY STREET, EAST LEGON, ACCRA, THIS 19TH DAY OF AUGUST, 2020.
………………………………
THE REGISTRAR
HIGH COURT
ACCRA