In a recent development in the defamation case brought by Hon. Francis Asenso-Boakye, Minister for Works and Housing against Captain Smart and Media General, the High Court, Accra, on Tuesday, 11th July 2023 – dismissed a preliminary application filed by the defendants seeking to dismiss the case. The court ruled that the application was frivolous and without merit, allowing the lawsuit to proceed to trial.
The lawsuit stems from comments made by Captain Smart on the “Maakye” morning show on Accra-based Onua TV, where he allegedly mentioned Francis Asenso-Boakye’s name in connection with a matter involving Labianca Company Limited and the Ghana Revenue Authority (GRA). Captain Smart further claimed that the legislator interfered in the transfer of a Customs officer despite a disciplinary committee’s recommendation.
In response to these claims, Asenso-Boakye issued a statement denying the allegations and expressing disappointment in Captain Smart’s misrepresentation of the facts. He emphasized his commitment to upholding the highest standards of integrity and truthfulness in his work, calling for a retraction and an apology from Captain Smart which he refused.
During the hearing on 21st April 2023, the court considered an application by the defendants’ lawyers, Sory @ Law, to determine whether the plaintiff’s failure to plead the exact words allegedly uttered in the Twi language interspersed with English rendered the suit unmaintainable in law and frivolous. The court decided to set this issue as a preliminary matter to be determined before the trial.
Both parties were directed to submit their respective arguments on the matter. After carefully considering the arguments presented, the court concluded that the defendants’ preliminary application lacked merit and dismissed it on 11th July 2023. As a result, the defamation case will proceed to trial where the court will determine its merits.
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The dismissal of the preliminary application means that Hon. Francis Asenso-Boakye will have the opportunity to present his case and seek redress for the alleged defamatory statements made against him. The trial will provide a platform for the court to examine the evidence and make a final determination based on the merits of the case.
The legal proceedings in this defamation case have garnered significant attention, highlighting the importance of responsible journalism and the consequences of making false or defamatory statements. The outcome of the trial will undoubtedly have implications for the parties involved and could potentially set a precedent for future cases involving similar allegations.
Both Captain Smart and Media General will now prepare to defend themselves in court as the defamation case moves forward. The trial date is yet to be set, and the court will provide further details regarding the proceedings in due course.
