Ga Mantse wins defamation case

June 3, 2011 (Page 3 Lead)

THE Accra Fast Track High Court yesterday slapped the Dzasetse of the Ga Paramount Stool, Nii Yaote Oto-Ga II, with GH¢500,000 damages for defaming the Ga Mantse, King Tackie Tawiah III.
Nii Oto-Ga, known in private life as Emmanuel Tackie Yarboi, who is a member of the rival faction poised to wrest the Ga Stool from the Ga Mantse, was also ordered to pay GH¢10,000 costs in favour of the Ga Mantse for falsely alleging that the Ga Mantse had forged President J.E.A. Mills’s signature on a document to give the impression that he (Ga Mantse) was the recognised and legitimate occupant of the Ga Stool.
The allegation was made in a press statement signed by Nii Oto-Ga, issued on April 17, 2009 and copied to the Greater Accra Regional Minister, the Greater Accra Regional Police Commander, the Security Advisor to the President at the Castle, Osu, and the National Security Co-ordinator.
Nii Oto-Ga’s allegation, which was widely circulated in the media and on the Internet, meant and was understood to mean that the Ga Mantse was a fraudster, a forger and dishonest man with criminal tendencies.
Following the defendant’s inability to substantiate the allegation and his further failure to withdraw and apologise, the Ga Mantse filed a suit at the Fast Track High Court, claiming GH¢6 million in general damages for libel, costs and other relief the court might deem fit.
The court, presided over by Mr Justice E. A. Asante, however, declined to award the GH¢6 million general damages sought by the Ga Mantse and rather awarded GH¢500,000.
It said it took into account the stature of the Ga Mantse in society and the effect the defamatory remarks would have on him.
The court, after taking evidence from parties in the case, held that the defendant had failed to substantiate the allegation he had levelled against the Ga Mantse.
It was also of the view that the defendant deliberately and recklessly made the malicious statement without taking into consideration whether it was true or false.
The court was of the view that Nii Oto-Ga had made the malicious statement in a deliberate and calculated attempt to cause maximum damage in order to hurt the Ga Mantse’s reputation.
Citing authorities to buttress its decision, it held that the plaintiff was able to lead ample evidence to prove that the defendant had been given fair and ample opportunity to retract and apologise to the Ga Mantse for the defamatory statement but the defendant refused to do so.
It further stated that the Ga Mantse had been able to prove that the defendant treated his demand for an apology and a retraction with contempt.