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Anas vs. Ken Agyapong: True anti-corruption crusaders don’t hide behind masks – Martin Amidu writes
Pioneer Special Prosecutor Martin Amidu has commented on the recent dismissal of a defamation suit brought against Member of Parliament for Assin Central, Kennedy Ohene Agyapong.
The suit was brought by investigative journalist and lawyer Anas Aremeyaw Anas who was seeking damages to the tune of 25 million cedis.
Amidu in a lengthy analysis after reading the 64-paged ruling made copious remarks about the decision touching early on on the manner in which Anas went about filing the case and choosing to give evidence.
He observed how Anas “knowingly and voluntarily caused his action to be commenced by one Listowell Bukarson on behalf of Anas A. Anas as the plaintiff” via a power of attorney authorizing Bukarson to bring the action in the name of the plaintiff, Anas A. Anas on 18 June 2018.
Sequel to the filing, the writ of summons was amended on 20 November 2018 after the Agyapong had filed his statement of defence on 13 November 2018. The Plaintiff then replied on 21 January 2019 to close the pleadings.
Amidu said whiles he appreciated the legality of the route that Anas chose to file his case, “The question is whether the attorney can testify on behalf of the plaintiff on matters which are not within his personal knowledge,” the piece read in part.
He, however, observed that the decision by Anas to use his a surrogate to give evidence showed that he was really not ready to speak to the issues and to be cross examined in his own case.
“Did the attorney see or witness the transactions alleged? As far as the requirement that he should testify about what he actually did see or heard is concerned, the attorney could not testify about what the plaintiff himself witnessed or heard. The rule against admissibility of hearsay evidence is statutory.
“Anas A. Anas, the plaintiff put himself in a situation of being incapable of giving relevant and primary evidence in person and be cross-examined because he lives in the fear of his own shadow as an anti-corruption entrepreneur and not as a genuine anti-corruption crusader.
“Anas A. Anas thus lost the only opportunity to publicly tell the court his version of the facts within his personal knowledge and to be cross-examined to establish his credibility. Genuine anti-corruption crusaders do not hide their faces behind masks,” he stressed.
Amidu’s writeup tited: “SCANDALIZING THE COURT BY COHORTS OF ANTI-CORRUPTION ENTERPRENUERS AS A RESULT OF THE ANAS A. ANAS v KENNEDY AGYEPONG JUDGMENT IS DANGEROUS FOR GHANA’S DEMOCRACY: BY MARTIN A. B. K. AMIDU,” went on to touch on other issues about the ruling and the trial judge as well as copious critique of how civil society and political actors have made questionable comments on same.
Anas vs. Ken Agyapong defamation case
An Accra High Court on Wednesday, March 15, 2023, struck out a defamation suit brought by investigative journalist, Anas Aremeyaw Anas against Assin Central Member of Parliament, Kennedy Ohene Agyapong.
The plaintiff, filed the case in 2018, seeking among other reliefs monetary damages to the tune of GH¢25 million.
However, the court presided by Justice Eric Baah despite finding various claims made by the defendant against the plaintiff as potentially defamatory, ruled that the comments were factual and fair.
The court subsequently dismissed the suit and awarded the defendant a sum of 50,000 Ghana cedis to cover his legal costs.
The MP has subsequently referred to the ruling as a victory for straight talk over investigative terrorism.
The journalist also expressed grave misgivings about the ruling describing it in part as a travesty of justice. He, has also confirmed that his legal team will file an appeal, stressing that his fight against corruption will continue unabated.
The government is set to lay before Parliament today, November 21, a Constitutional Instrument (C.I) seeking to restrict the importation of selected strategic products into the country.
The items, numbering over 20, will include rice, tripe (popularly called “yemuadie” in Ghana), and diapers.
The government said the move is part of efforts to enhance local production.
Speaking during a press briefing in Parliament, the Minister of Trade and Industry, K.T Hammond said, “Stomach of animals, bladder and the chunk of intestines (yemuadie), the country had had to put in an amount of about $164 million towards the importation of these items. We are taking steps to ensure that in terms of rice, there’s no poverty of rice in the country.”
He emphasized, “By these restrictions, we are not going to ensure that there’s no food in the country at all; that is not the point at all. There have to be some efforts by the government to ensure that we go back to Acheampong’s operation feed yourself. There are about 22 items on the list, one of them, I think, is diapers.”
He announced the introduction of the Ghana Standards Authority Regulations 2023, which also seeks to streamline the manufacturing of cement to ensure competitive pricing.
Vice President Dr. Mahamudu Bawumia says former President John Dramani Mahama does not understand the 24-hour economy policy he is proposing.
According to the Vice President, that policy is already being implemented in the country, as hospitals, fuel companies, among others, operate a 24-hour system.
Dr. Bawumia, therefore, urged Ghanaians to ignore Mahama during the 2024 polls since he has nothing new to offer and vote for the New Patriotic Party.
“John Mahama says he has a new idea. What is the idea? He says he wants a 24-hour economy. He doesn’t even understand that policy. Today in Ghana, our hospitals work 24 hours, our electricity company works 24 hours, our water company works 24 hours, our fuel stations work 24 hours, and many chop bars work 24 hours. Today because of digitalisation, you can transfer money 24 hours, you can receive money 24 hours… So he doesn’t understand his own policy. It doesn’t make sense.”
“So I want you to vote for me in 2024 because I will bring a new vision, I will bring a new policy. Mahama is the past, Dr Bawumia is the future. If John Mahama was there, we would say we have a dumsor economy, you can’t have a 24-hour economy in dumsor. So, you want to vote for Dr Bawumia in 2024, we will take the country to new heights,” Dr Bawumia stated.
The Speaker of Parliament, Alban Bagbin, has accused the International Monetary Fund (IMF) of pressuring the House to pass a number of bills under a certificate of urgency.
Mr. Bagbin cited bills such as the Affirmative Action Bill, which is allegedly being pushed by the IMF as part of the conditionality for the balance of the $3 billion credit facility for Ghana.
Speaking at the Speaker’s Breakfast Meeting on Monday, Alban Bagbin insisted that the House will not be coerced by the IMF to pass the bill.
“Even in this budget, you can see the arm of the IMF in a lot of provisions in the budget. A critical bill like the Affirmative Action Gender Equality Bill has come to Parliament under a certificate of urgency. Please, it won’t happen; we won’t pass it under a certificate of urgency.”
“There are critical stakeholders we must consult and make sure we go together. We will not be dictated by the IMF; that one, you can be assured. This is a very critical bill that the IMF should know that we need the buy-in of the stakeholders to be able to implement it,” Alban Bagbin said.
The Affirmative Action Bill, when passed into law, would seek to expunge the historically low representation of women in decision-making spaces and promote democracy and development through all-inclusive participation.
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Mahama doesn’t understand 24hr economy; don’t vote for him – Bawumia
