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Court of Appeal Quashes High Court Ruling in Kennedy Agyapong–Kweku Baako Defamation Case; Orders Full Retrial and Refund of Damages

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Sankofaonline News Desk: February 12,2026.

Accra — In a dramatic legal twist in one of Ghana’s most high‑profile defamation battles, the Court of Appeal has overturned the 2020 High Court judgment that awarded damages to veteran journalist Abdul‑Malik Kweku Baako against former Assin Central MP , Kennedy Ohene Agyapong. The appellate court has ordered a complete retrial and directed Baako to refund all monies paid to him within 30 days.

The ruling, delivered this week, resets a case that has gripped Ghana’s media and political landscape for nearly eight years.

Background: A Case That Began in 2018

The dispute dates back to 2018, when Kweku Baako, Editor‑in‑Chief of the New Crusading Guide, sued Kennedy Agyapong for defamation over a series of allegations the MP made on radio and television. In 2020, the High Court ruled in Baako’s favor, awarding him damages and costs.

That judgment has now been quashed.

Appeal Court Cites Statutory Breach

According to the Court of Appeal, the earlier judgment suffered from a statutory breach significant enough to invalidate the High Court’s decision. While the full details of the breach are expected to be outlined in the certified judgment, legal analysts note that appellate courts typically intervene when:

  • procedural rules are violated,
  • statutory timelines are ignored,
  • or the trial court fails to apply the law correctly.

Sources familiar with the litigation say the defense intends to make the statute of limitations a central issue in the retrial, arguing that some of the claims may have been lodged beyond the legally allowable filing period.The appellate court’s ruling suggests that at least part of this argument may have found merit.

Refund Ordered Within 30 Days

In a rare directive, the Court of Appeal has ordered Kweku Baako to refund all payments he received under the now‑overturned High Court judgment. This includes damages and any associated costs.

Legal observers say such refund orders are not common, underscoring the court’s view that the original judgment cannot stand in its current form.

Retrial Ordered — Case Returns to the High Court

The appellate court has instructed that the matter be retried entirely, meaning both parties will return to the High Court to re‑litigate the defamation claims from scratch.

This development effectively reopens a case that had been considered settled for years, injecting new uncertainty into a long‑running feud between two of Ghana’s most outspoken public figures.

What Happens Next

  • The High Court will set a new date for the retrial.
  • Baako must comply with the refund order within 30 days unless he seeks a stay of execution.
  • Kennedy Agyapong’s legal team is expected to push the statute‑of‑limitations argument more aggressively during the retrial.
  • Media and political watchers anticipate renewed public debate, given the prominence of both men.

A Case With National Attention

The Agyapong–Baako rivalry has long symbolized the tension between political power and investigative journalism in Ghana. The retrial ensures that the case will once again dominate national conversation, with implications for media freedom, political accountability, and the boundaries of public commentary.

SankofaOnline will continue to monitor developments as the case returns to the High Court.

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