The learned High Court Justice sitting on the General Jurisdiction division of the High Court Bench has dismissed the writ of the Chief Executive Officer of COCOBOD, Dr. Ransford Abbey against Mr. Kwame Baffoe, popularly known as Abronye seeking GH¢20,000,000 for words authored by Mr. Abronye which Dr. Abbey finds to be injurious to his reputation.

The Court upheld the arguments of the learned Daniel Martey Addo and rejected that of Mr. Samoa Kpakpo Addo that the issuing of a writ and the prosecution of the case of defamation against the Defendant politician with the use of the resources of the Legal Department of COCOBOD was discouraged by law as the said act was a conflict of the interest of the State Institution and that of the Plaintiff, Dr. Abbey.

STAR OF THE MONTH - Professor Philip Ebow Bondzi-Simpson ESQ.

Conflict of Interest

In his 18-paragraphed Affidavit in support, Mr. Addo through the Affidavit Sworn to by Mr. Abronye submitted eloquently that:

"10. That by using the Legal Department of the Ghana Cocoa Board to initiate and prosecute a personal civil action, the Plaintiff/Respondent has placed himself in a position where his personal interest conflicts with the interest of the State, contrary to Article 284 of the 1992 Constitution, which provides that:

“A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.”

11. That the use of the Ghana Cocoa Board’s Legal Department to prosecute a private claim of its Chief Executive Officer constitutes a misuse of public office and public resources, and is inconsistent with the principles of integrity, accountability, and impartiality enshrined under Chapter 24 of the 1992 Constitution.

12. That further to the above, Mr. Nii Kpakpo Samoa Addo Esq., who issued the Writ and acts as solicitor for the Plaintiff/Respondent, is a public officer by virtue of his position as Director of Legal Services and Solicitor Secretary of the Ghana Cocoa Board, and is constitutionally required to perform his duties solely in the interest of the Ghana Cocoa Board.

13. That by acting as legal counsel for the Plaintiff/Respondent in a personal matter, Mr. Nii Kpakpo Samoa Addo Esq. has placed himself in a position where his personal interest conflicts with the interest of the Ghana Cocoa Board, and thereby breached Article 284(1) of the Constitution.

14. That the actions of both the Plaintiff/Respondent and Mr. Nii Kpakpo Samoa Addo Esq., amounts to a flagrant abuse of public office and resources, which offends the constitutional prohibition against conflict of interest, and undermine public trust in the integrity and impartial performance of public duties.

15. That the Legal Department of the Ghana Cocoa Board, being a public institution, cannot lawfully be used to trigger or advance private claims of the Chief Executive Officer or any other officer of the Board.

16. That by the foregoing conduct, the Plaintiff/Respondent has placed himself in a position where his personal interest conflicts with the interest of the State, and Mr. Nii Kpakpo Samoa Addo Esq.,, by lending his official office and capacity to the said private cause, has also placed himself in a position where his personal interest conflicts with that of the Ghana Cocoa Board, both acts being in breach of Article 284(1) of the 1992 Constitution."

Writ, Dismissal Application and Ruling

Below is the writ filed by the Legal Department of COCOBOD through its Head of Legal, the learned Nii Kpakpo Samoa Addo, the motion to dismiss the writ and Court's notes containg the ruling of the Court.

Writ

Motion Paper

Ruling