Johnson Asiedu Nketia
The General Secretary of the opposition National Democratic Congress (NDC), Mr Asiedu Nketia has been given 14 days to file his defence in a GH¢15million defamatory suit filed against him.
This followed the dismissal of his (Nketia) application to strike out the case by an Accra High.
On January 11, 2019 lawyers for the NDC General Secretary urged the court to strike out the defamation suit arguing that the plaintiff, Professor Edward Dua Agyemang, a former Auditor General failed to reproduce in his pleadings the exact Twi (Akan) words in which the alleged defamatory statement was made.
Johnson Normesinu, who held brief for Samuel Codjoe, the defendant counsel, contended that the plaintiff did not disclose reasonable cause of action and that the words in the English language are not the translation of the said Akan language.
Counsel told the court presided over by Justice Sophia Bernasco-Essah that his client would file a defence when the defamatory words are produced verbatim in Akan.
Counsel for plaintiff, Gary Nimako Marfo however opposed the application to strike out the case.
He said that the defendant’s response in paragraph 7 of his affidavit meant that he (Nketiah) understood the words he said on radio.
Mr Nimako contended that the court could ask him to amend his pleadings and not strike it out.
The case has been adjourned to January 23 for ruling.
On December 3, 2018 the defendant filed a motion for default judgment against the General Secretary.
This followed the failure of Mr Nketia to make an appearance at the Accra High Court.
On November 8, 2018, Justice Bernasko-Essah, granted the order for substituted service which meant that Mr Nketia should be served with a copy of the suit through the media and the notice boards of the court for 14 days after he failed to avail himself to be served.
In the application for judgment in default of appearance, the plaintiff contended that the time limit required by the rules of court for the defendant to make an appearance which had lapsed.
Mr Nketia is alleged to have said in an interview with the media that he, Prof. Dua Agyeman generated fake audit reports resulting in him being sacked by the Institute of Chartered Accountants, Ghana.
Prof. Dua Agyeman, who is the Chairman of the Audit Service Council, is arguing that the allegation is without basis and that it only sought to impugn his integrity, dignity and reputation in the eyes of right-thinking members of society.
According to the plaintiff, the defendant, on October 2, 2018, made some unsubstantiated and disparaging statements on an Accra-based radio station, Neat FM, accusing him of producing fake audit accounts in 1983 while he was at the Audit Service.
He is reported to have said that “the plaintiff was banned from auditing in 1983 by the Institute of Chartered Accountants (Ghana) for producing “fake” accounts for a non-existent company”. In view of the ban, the plaintiff could not practise as a private auditor.
The plaintiff prayed the court to declare that the defendant’s publication on Neat FM that he was banned by the Institute of Chartered Accounts (Ghana) for producing fake audited accounts for a non-existent company is slanderous and defamatory of him and same was made without any reasonable, just or probable cause.
BY MALIK SULLEMANA
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