The General Jurisdiction Division of the High Court presided by Justice Rev. Fr. Joseph Adu Owusu Agyeman has offered Mr. Mawuse Oliver Barker-Vormawor another opportunity to file his defence to the suit brought by the Minister of National Security, Hon. Kan Dapaah for defamatory statements made by Mr. Baker- Vormawor against him.

Lead Lawyer for Mr. Barker-Vormawor, Dr. Justice Srem-Sai told the court that they had finished typing out the defence of Mr. Barker-Vormawor and were ready to print and file same but the typed out defence got lost on their computer. Dr. Srem-Sai was quick however to add that he will file the defence tomorrow and a counterclaim to the suit of Hon. Kan Dapaah who was present in court.

Dr. Srem-Sai informed the court that he had filed a stay on the proceedings of the court pending an appeal against a 14th December, 2023 ruling of the same Court denying an application for the court to dismiss the defamation suit brought by Hon. Kan Dapaah.

These statements by Dr. Srem-Sai were in response to statements by the learned Bright Okyere-Agyekum, lawyer for Hon. Kan Dapaah who rose to his feet to indicate to the court the business for the day which was a ruling for an application for judgement in default of defence.

Mr. Okyere responded to statements by Dr. Srem-Sai on the said application for stay of proceedings pending appeal against the said 14th December, 2023 ruling. Mr. Okyere-Agyekum firmly argued that the said application cannot prevent the court from further conducting the business of the day which was a delivery of a ruling on an application by Kan Dapaah for judgment in default of defence.

Judge's observation

Justice Rev. Fr. Owusu Agyeman said he will allow Mr. Barker-Vormawor more time to file his defence to the suit despite failing to do so twice before today. The learned Judge was of the view that there was no need to grant the application for judgment in default of defence since same will most likely be set aside in 2 weeks. He added that he will certainly grant an application to set aside a default judgment sought by Kan Dapaah and therefore will not waste his time to grant the application for a default judgment and set aside same in 2 weeks.

Mr. Okyere-Agyekum rose after the above statements by Justice Rev. Fr. Owusu Agyeman to remind the court of earlier disobedience to orders by the Court for Mr. Barker-Vormawor to file his defence. On 29th November, 2023 the defendant to Mr. Kan Dapaah's suit, Mr. Barker-Vormawor failed to file his defence and was given time within which to file a defence. He again failed to file his defence on 14th December, 2023 and was given further time. Based on the recurring failure of Mr. Barker-Vormawor to file his defence despite the magnanimity of the court in providing further time within which to file same, Mr Okyere-Agyekum suggested to the court that there is no proof of the failure in filing the defence not repeating itself if the court provides an additional opportunity for Mr. Barker-Vormawor to file his defence.

Dr. Srem-Sai objected to Mr. Okyere's representations on the failure to file a defence despite given more time by stating that Mr. Okyere-Agyekum was not being straightforward with the court.

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Court Order

Justice Rev. Fr. held that a third opportunity will be given to Mr. Barker-Vormawor to respond to the claims of Kan Dapaah. The court awarded a cost of GHc3000 against Mr. Barker-Vormawor. The court ordered Mr. Barker-Vormawor to file his defence within a week. The presiding judge reverted to the bar to suggest a return date which occasioned interesting remarks from Counsel from both sides.

Dr. Srem-Sai who sought to suggest a convenient date given the treason trial of Mr. Barker-Vormawor said the plaintiff was prosecuting the defendant for treason to laughter from Mr. Baker-Vormawor.

With visible displeasure, Mr. Okyere-Agyekum with his gaze at Dr. Srem-Sai fired a question at the Bench in response to the claim by Dr. Srem-Sai; "How can he say that. The Plaintiff is not the Attorney-General." Mr. Okyere-Agyekum queried. Justice Rev. Fr. Owusu Agyeman with a face of dismay inquired from Dr. Srem-Sai if the plaintiff was truly the person prosecuting the defendant, Mr. Baker-Vormawor. Dr. Srem-Sai said they have made arguments on the Minister being the prosecutor of Mr. Barker-Vormawor for treason charges despite clear constitutional provisions on prosecutorial powers. Justice Rev. Fr. Owusu Agyeman in response with disapproval of Dr. Srem-Sai statements instructed him to talk like a lawyer.

The Court ordered the 23rd day of January, 2023 as the return date after both lead lawyers agreed and suggested same date to the Bench.

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Background

Mr. Barker-Vormawor alleged that Hon. Kan Dapaah attempted to quell activism of FixTheCountry movement by offering him $ 1 million. He said he had an audio of the said meeting with the Minister where he made the offered and said he will make the audio available to the public. Hon. Kan Dapaah found his statements to be defamatory and through his lawyers, sued Mr. Barker-Vormawor, a lawyer himself.