Posted on: www.dailyguideghana.com
By
William Yaw Owusu
Accra, Thursday November 1, 2012.
The immediate past Director of the Ghana School of
Law, George Agyemang Sarpong has filed a suit against the publisher of a
pro-National Democratic Congress (NDC) newspaper, the editor and assigns for
libel.
According the retired military officer who is also
a lawyer, Prime Mark Company Limited, publisher of The Herald and its Editor
Larry-Alans Dogbey together with assigns: Sedi Bansah and Abdul Razak Bawa
allegedly published articles deemed to be false and in the process tarnished
his hard won reputation.
Also attached to the suit is Bernard Nasara Shaibu
of Joy FM and Multimedia Group Limited operators of the radio station.
According to the plaintiff, the article complained
about was contained in the Monday 29th October – Tuesday 30th
October, 2012 Edition of ‘The Herald’, No. 97/12 with the caption: “Rot at
Ghana Law School, Director, Records Officer and Accountant Fingered in
Examination Scandal”.
The plaintiff says that the article of the 1st
(Prime Mark Company Ltd), 2nd (Mr. Dogbey), 3rd (Mr.
Bansah) and 4th (Mr. Bawa) defendants was repeated by the 5th
defendant (Mr. Shaibu) on the 6th defendant’s (Multimedia Group Ltd)
radio station (Joy FM) during the October 30 Super Morning Show.
The reliefs sought by Mr. Sarpong are “General
damages including aggravated and/or exemplary damages for defamation for libel.”
He also wants the court to order the defendants to
render “an apology for and retraction of the words complained of” and “Perpetual
injunction restraining the defendants whether by themselves, their servants,
agents or assigns from repeating similar or other libelous words against the
plaintiff.”
In his statement of claim filed on October 30, the
plaintiff said among other things that he was a senior lecturer at the Faculty
of Law, University of Ghana and taught for 16 years and a lawyer of over 28
years standing; apart from the consultancy services he renders organizations
including the United Nations, FAO and the government of Ghana.
He averred that he is also the founder of the law
firm, G. A. Sarpong & Co based in Accra and a member of the Ghana Bar
Association among other reputable associations.
The Herald’s article according to the plaintiff
accused him among other things of attempting to smuggle his nephew into the
recent batch of graduates even though the nephew Kweku Budu Agyemang did not take
part in the qualifying exams.
Per the publication, the plaintiff said the he has
understood the contents to mean that he engages in nepotism, has abused his
office, he is an accomplice and active participant in the perpetuation of fraud
at the Ghana Law School, that he is a criminal, that he endorses indiscipline
and is whimsical and arbitrary.
“Taken together within the context of the story
that was published, that the plaintiff is of low moral integrity and unfit to
occupy a public office in Ghana.”
“The plaintiff has contributed his quota in no
small measure towards the development of the country. The story suggests that
plaintiff superintended and participated actively in acts of fraud and
illegality at the Ghana Law School.”
According to the plaintiff “The words complained
of are utterly false and were calculated to disparage him.”
The plaintiff further averred that when he noticed
that Budu’s name was erroneously added to the list of those preparing to
graduate he personally in the presence of a past president of the GBA, the
current Ghana Law School Director and a senior lecturer of the school gave firm
instructions to Peter Worglo, the Records Officer to delete the name of Budu.
“As event unfolded, the list subsequently placed on
the notice board by Peter Worglo still erroneously carried the name of the said
Budu; Plaintiff upon sighting this error canceled out the name and thereafter,
with the knowledge and consent of the incumbent Director supervised the
replacement of the corrected list on the notice board since the plaintiff
signed the list in the first instance.”
“In seeking aggravated damages, the plaintiff
shall contend that the defendants in publishing or causing to be published the
words complained of, were actuated by malice, in that they knew the words
complained of were false or had no basis to believe in their truth and had all
the opportunity to ascertain the truth and the defendants made the malicious
publication, with the view to boosting sales and patronage and thereby
increasing their profit.”
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