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The Court of Appeal by a unanimous decision today, 12th day of February, 2026 has upheld the appeal filed by Hon. Kennedy Agyapong against the judgment delivered by the High Court declaring words uttered by Hon. Kennedy Agyapong as defamatory against the reputation of Mr. Kweku Baako, the famous veteran journalist.
The Court of Appeal in unanimity upheld arguments of the Appellant-politician, thus setting aside the judgment of the High Court in favour of the Respondent journalist which judgment was arrived at by the striking out of portions of the Appellant's witness statements at the Case Management stage.
Refund judgment debt in 30 days
The court has therefore ordered a retrial of the case and has also ordered for all monies paid after the High Court judgment be refunded back to the Appellant-politician within 30 days.
The High Court, Financial and Economic Crime Division presided by Afia Serwaa Asare-Botwe J. (as she then was) on the 26th day of June, 2020 delivered a judgment granting the reliefs of Mr. Baako and awarding damages of GH¢100,000 with the cost of litigation of GH¢30,000.
The High Court decision
According to the decision of the High Court, words uttered by Hon. Ken Agyapong on a number of media stations which included the following words as below were defamatory of Mr. Baako;
I. 18th July 2018-Net 2TV
“Look, I have dared Kweku Baako. He is a very very corrupt guy. Where is his paper....Kweku Baako is very corrupt, Kweku Baako is very very corrupt in his paper”
Kweku Baako. Have you seen his interest? Have you seen it? He's always making a lot of noise. Kweku Baako, you are more involved in galamsey than anybody in Ghana....”.
“You (referring to the plaintiff), Anas and your lawyer, Yeah. They are real evil guys (referring to the plaintiff and Anas).... .... Kweku Baako would collapse NPP’s government should he allow it. Have you seen what he’s started with Charlotte Osei?...”
II. 24th July, 2018- AdomTV
“You don’t know the guy very well. They are best of friends because of what he can get...... You don’t know the guy very well.....” “He is a hypocrite....... Kweku Baako is not an honest man at all......” “I said he’s not a saint. Kweku Baako is not a saint. He’s evil...... Very evil man. He’s a very evil man......”
III. 24th July 2018-OMANFM
I’ll move with him on the same level. I’ll move with him on the same level. They publish after taking their envelopes. It won’t happen again. I said henceforth, whoever will be given an appointment won’t go to them again. We are not afraid of them. “Kweku Baako is not a clean man that President would tolerate in the office anymore ... I said, I have concluded that Kweku Baako is not clean”.
IV. 25th July 2018- Net 2TV
“Kweku Baako, Kweku Baako should tell us he knows nothing. As soon as we won power, Michael Ofori-Atta, Chairman Wontumi claimed ownership of all these concessions. But because (President) Akufo-Addo has won power, he won’t continue operations. Then Kweku Baako furiously called Michael that Wontumi wants to take possession of his (concession), in that the company belongs to him and C & G Aleska. With all seriousness, so Michael called one of Wontumi’s men to come and trash out the issue with Kweku Baako in Accra as he (Michael) doesn’t want any problem. They should leave it (referring to the concession) to them (referring to Kweku Baako and co.) if Kweku Baako claims it is his people. Then, he told him (referring to Michael) that he won’t come. He would never meet Kweku Baako. Wontumi said he is not interested in all that is happening. He can bring a chairman who was present and they are all aware of these things. Now that I am leaking the information, he’s claiming no knowledge of it (referring to the information)”.
V. 21st August, 2018- AsempaFM
I am talking about it. I do my investigation. If you like, he gave me his contact number; Wassa Amenfi East, call the chairman. He caused the arrest of workers of C & G Aleska. Kweku Baako called to threaten him why they were arrested. He said I should mention his name anywhere and he will come and testify and set him up with the gangs who brought him GH¢1,000. He sent the money to the police station because he doesn’t take money......This is my experience with Kweku Baako. Look, do you understand it? He said he told him in pain language, when he caused the arrest of the workers of the C & G Aleska, Kweku Baako told the chairman that why should he cause the arrest of some engaged in galamsey while he (referring the Wassa Amenfi East Chairman) was into it himself? He told him, he wasn’t into galamsey”.
What is next
Following from the decision of the Court of Appeal, the High Court shall give dircetions for the conduct of the new trial and shall now adopt witness statements of both parties for the conduct of the new trial pursuant to orders of the Court of Appeal.
It is yet to be seen if the Respondent-journalist, Mr. Kweku Baako shall invoke the appellate jurisdiction of the Supreme Court to undo the judgment of the Court of Appeal.
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