Former IGP Defamation suit against Net 2 journalist: Judge recuses himself from case

Justice Charles Ekow Baiden, Justice of the High Court, has recuse himself from hearing the case of the former Inspector General of Police (IGP) David Asante-Apeatu and a journalist at Net 2 TV, Justice Kweku Annan.

Former IGP Asante-Apeatu in July 2021, sued the employee of outspoken Ghanaian politician and law maker, Kennedy Agyepong, one Justice Kweku Annan, for defamation.

In Court today the 13th of December 2021, lawyer for the former IGP, Sammy Darko, told the court that his client, David Asante-Apeatu, has instructed him to file a notice of discontinuation which was subsequently filed on the 9th of December 2021 and same served on the defendant.

By Court

However, Justice Charles Ekow Baiden’s court after hearing lawyers on both sides, ruled that the said notice of discontinuation is not on his docket and so he is unable to act on it.

He further ruled that considering all that had happened in his court at the last sitting, he has decided to recuse himself from the case and to refer same to the Chief Justice of the Republic, Justice Anin Yeboah, for the case to be reassigned to another judge.

Media Publication

He also noted in his ruling that he takes judicial notice of a publication in the New Crusading Guide newspaper last week that he believes was caused to be published by the lawyer for the former IGP, Sammy Darko.

At the end of the ruling, lawyer Sammy Darko, had requested to be captured on record as not being the one who caused the said story to be published in the New Crusading Guide newspaper, but the Court did not oblige him to be heard on record.

Background

Justice Annan in a TV broadcast on Net 2 television accused the former IGP of being a fence for criminals in Nigeria and Ghana.

The TV presenter also accused the IGP of working in cahoots with criminals and on the payroll of top criminals in Ghana.

However, Mr. Annan has evaded service continuously until lawyers for the IGP procured alternative service through newspapers and by pasting copies on the premises of Net2 television.

Annan has also refused and neglected to file an appearance in court until lawyers for Mr. Asante-Apeatus applied for judgment in default of appearance and defence which was scheduled for hearing in November.

But after filing an appearance through the brother of Kenney Agyapong in October, Mr. Annan has failed to file any defence to date.

On Tuesday 7 December 2021, lawyers for Mr. Asante-Apeatus led by Sammy Darko attempted to move an application on notice for judgment in default of defence.

Although the lawyers had complied with all the rules and a copy of proof of service on lawyers of Mr. Annan were on the docket, Justice Baiden asked them to slow down.

He admonished them to be careful with the action and in his own words-“counsel did not know who they are dealing with”.

The judge insisted that the hearing notice should be served personally on Justice Annan and adjourned the case to the 13th of December 2021.

Wilberforce Asare

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