By Godson Attachie
The judiciary serves as the backbone of justice and fairness in any democratic society. In Ghana, however, a recent high-profile case has unveiled cracks that challenge the integrity of this vital institution. What unfolded wasn’t just a legal drama but a sobering revelation that underscores the need for urgent judicial reform.
Ghana’s judicial system has once again been thrust into the international spotlight, exposing its vulnerabilities. This time, it’s not about judges caught on tape accepting bribes or trading verdicts for livestock. This revelation is different—no hidden cameras, no disguises—just the stark truth laid bare.
Back in 2018, investigative journalist Anas Aremeyaw Anas filed a lawsuit against Kennedy Agyapong at the High Court, seeking 25 million cedis in damages for defamatory remarks made against him. The case was presided over by Justice Baah, now serving on Ghana’s Court of Appeal. In 2023, Justice Baah delivered a shocking verdict, dismissing Anas’s claims and labeling him with terms like “blackmailer,” “extortionist,” and even “investigative terrorist.”
The judgment was startling, but what truly stunned observers was the judge’s use of unsubstantiated and defamatory language, turning what should have been an impartial ruling into a personal tirade. Anas, who sought justice for defamation, found himself defamed by the very institution meant to protect him. The court’s decision inflicted significant damage on his reputation.
Were it not for Article 127(3) of Ghana’s 1992 Constitution, which shields judges from liability for comments made in the course of their duties, Anas might have pursued legal action against the judge himself. The case, however, seemed straightforward: Kennedy Agyapong had accused Anas of being a thief, murderer, and tax evader, yet failed to provide evidence for the latter two claims. The court, however, concluded that a video showing Anas allegedly extorting money was sufficient to label him a murderer and tax evader. A baffling leap of logic.
Even if Anas were guilty of extortion, how does that equate to murder? The reasoning defies comprehension. The case took another twist when Justice Baah, initially assigned to the High Court, was promoted to the Court of Appeal in 2021. A new judge should have taken over the case. However, Kennedy Agyapong’s legal team petitioned Chief Justice Anin Yeboah to retain Justice Baah. These communications were never disclosed to Anas or his lawyers.
The Chief Justice granted the request, allowing Justice Baah to see the case through to its conclusion. Why was this decision made without notifying the opposing party? Why was Anas kept in the dark about this petition? The lack of transparency raises serious questions. Unsatisfied with the verdict, Anas sought redress at Ghana’s Supreme Court.
A panel of five judges reviewed the case. Three dismissed Anas’s claims of judicial bias, with one, Justice Amadu Tanko, concurring for different reasons. Justice Kulendi, however, dissented, calling for the High Court’s decision to be overturned. He condemned Justice Baah’s conduct as an abuse of judicial power, citing contempt and disdain for Anas.
With no justice in Ghana, Anas turned to the United States. In New Jersey, he filed a lawsuit based on similar defamatory statements made by Kennedy Agyapong during an online program. This time, the case was decided by an eight-member jury—not a single judge.
Anas sought $30 million in damages across five counts of defamation. The jury upheld all counts, awarding him $18 million in damages. It’s worth noting that the U.S. has the world’s highest standard of proof for defamation. To succeed, Anas had to demonstrate that Agyapong acted with malice.
In Ghana, the bar is lower; one only needs to prove that defamatory comments were made. Yet, Anas met the higher standard in the U.S., while failing to satisfy the lower threshold in Ghana. The irony is glaring.
A Call for Reflection
This case is a sobering reminder of the challenges facing Ghana’s judiciary. Transparency, impartiality, and accountability must be the cornerstones of any justice system. Without them, public trust erodes, and the very foundation of democracy is at risk.
For Ghana to move forward, its judiciary must undergo meaningful reform. Judges must be held to the highest ethical standards, and mechanisms must be put in place to ensure fairness and transparency in all proceedings. Only then can justice truly prevail.
By Godson Atachie
