Court strikes out libel suit against Okudzeto, Chronicle

December 5, 2007 (Centre Spread)

Story: Mabel Aku Baneseh

THE Accra Fast Track High Court yesterday struck out a libel suit brought against Mr Raymond Okudzeto, a businessman, and the Ghanaian Chronicle newspaper by Regent Torgbui Sri III.
The court, presided over by Mr Justice Kwasi Anto Ofori-Atta, struck out the case after counsel for Mr Okudzeto had prayed the court to dismiss the case, since the plaintiff appeared not to be interested in pursuing the case.
It also awarded costs of ¢20 million against Regent Torgbui Sri.
The plaintiff, known in private life as Francis Nyonyo Agboada, was seeking general damages for libel he claimed was contained in the October 31, 2005 edition of the Ghanaian Chronicle, with headline Re-Raymond tackles Mafioso,” which questioned the transparency in the operations of the trust fund set up by him.
He also prayed for an injunction restraining the defendants and or their agents from further publishing anything defamatory about him.
According to Regent Sri, the words published in the newspaper suggested that he was a criminal and would use money realised by the Hogbe Trust Fund to pay for his bank debts.
At the court’s sitting in Accra yesterday, neither Torgbui Sri nor his counsel was present, prompting counsel for Mr Okudzeto to request the court to strike out the case.
Mr Sam Okudzeto, a legal practitioner, said the plaintiff had appeared only once within five consecutive times to pursue the case he had instituted.
He prayed the court to award costs of ¢50 million but the court awarded ¢20 million instead.
In his statement of claim, Regent Torgbui Sri had argued that in his capacity as the regent of Awoamezi, he launched the Anlo Hogbe Trust Fund in which an amount of ¢2 billion had been realised.
He, therefore, argued that the publication created the impression that he was preparing to commit a crime of fraudulent breach of trust, contrary to sections 19 and 128 of the Criminal Code of 1960, Act 29.
He said the words published were calculated to disparage him in his business and his position as the initiator of the trust fund, noting that it had brought him into public ridicule, odium and contempt.
Regent Torgbui Sri said unless restrained by the court, the defendants would further defame him.
In their statement of defence, the defendants contended that the matters complained of by the regent were matters of fair comment, of public interest and general pieces of advice to the people of the Anlo State.
The first defendant, Mr Okudzeto, contended that being a prominent Anlo citizen and of royal background, he was entitled to make those observations which questioned the transparency in the operations of the trust fund.
The defendants further contended that the words used in the publication did not specifically mention the regent as a criminal who would use the money realised from the trust fund to settle his indebtedness to a bank.