Anas vs Kennedy Agyapong defamation suit: member of Anas legal team explains breakdown of damages awarded
On next steps regarding execution of the judgment, Evans Adika disclosed that Anas’s legal team is preparing to recover the awarded damages
A United States court has ruled against former Ghanaian Member of Parliament for Assin Central, Kennedy Ohene Agyapong, in a defamation case brought by investigative journalist Anas Aremeyaw Anas.
The Essex County Superior Court in New Jersey awarded Anas $18 million in damages after finding Agyapong liable for defamatory comments made in a television interview.
Speaking on the Asaase Breakfast Show on Wednesday (19 March), Evans Selasi Adika, a member of Anas’s legal team, gave a breakdown of the damages awarded.
“The jury awarded $5 million for presumed damages, another $5 million in compensatory damages for reputational harm, and $8 million in punitive damages,” Adika told the ABS.
The court proceedings took an interesting turn when Agyapong’s defence team sought a mistrial.
“After the jury’s verdict last Thursday, the defence moved for a remittitur, which is a legal request to reduce the damages awarded,” Adika revealed.
“Their argument was that the $18 million damages shocked the conscience, but we vehemently opposed it, based on applicable jurisprudence, and the judge dismissed the request for a mistrial.”
With the jury’s verdict standing, the defence now has the option to file post-trial motions for a possible reduction in damages.
“The judge has invited Agyapong’s counsel to file any motions they deem fit, specifically along the lines of a remittitur,” Adika explained. “However, as it stands, the judgement remains at $18 million.”
Freedom and accountability
On the next steps regarding execution of the judgment, Adika disclosed that Anas’s legal team is preparing to recover the awarded damages.
“We will conduct post-judgment discovery to determine Agyapong’s assets and explore legal means to recover the funds,” he said. “This could involve measures such as a Mareeva injunction or garnishment of bank accounts.”
This landmark case marks a significant victory for Anas, who has long advocated press freedom and accountability in Ghana.
The journalist, well known for his undercover investigations, sees this ruling as an affirmation of the need for responsible speech and protection of journalists against defamatory attacks.
The case also raises broader questions about media responsibility and the legal implications of defamatory speech. With Agyapong’s legal team expected to challenge the damages, the battle over the $18 million judgment is far from over.
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