Sammy Gyamfi Wins Appeal Against Napo

A legal battle between the National Democratic Congress (NDC) National Communications Officer, Sammy Gyamfi and former Energy Minister and Manhyia South MP, Dr Matthew OpokuPrempeh has ended with the Court of Appeal overturning a High Court judgment that found Mr Gyamfi liable for defamation.

The dispute began in June 2019 when Dr OpokuPrempeh sued Mr Gyamfi at the Accra High Court over comments linking him to Seidu Yakubu, popularly known as “Mba”, an alleged ringleader in the kidnapping of two Canadian women in Kumasi.

In a writ filed on June 25, 2019 through SarkodieBaffuorAwuah& Partners, Dr OpokuPrempeh sought GH¢1 million in damages, arguing that the comments had gravely damaged his reputation both in Ghana and abroad, after they were widely circulated on traditional and digital media platforms.

He maintained that he had lived an honourable public and private life and contended that the remarks falsely associated him with criminality, thuggery and kidnapping, without any factual basis.
The Accra High Court, presided over by Justice Charles GyamfiDanquah, ruled in Dr OpokuPrempeh’s favour, awarding him GH¢500,000 in damages and ordering Mr Gyamfi to publish a retraction and apology.

Dissatisfied with the ruling, Mr Gyamfi filed a notice of appeal, together with an application for a stay of execution, arguing that the trial court had erred in finding his comments defamatory.

In a unanimous decision, the Court of Appeal allowed the appeal and set aside the High Court’s judgment.
The appellate court held that the statement referred to in paragraph 14 of Dr OpokuPrempeh’s statement of claim was not defamatory and had not been proven to be false or malicious. It further ruled that the trial judge had erred in characterising the statement as defamatory.

The decision effectively quashes the earlier judgment, relieving Mr Gyamfi of the GH¢500,000 damages award and the orders directing him to retract the statement and apologise.

 

 

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