Court of Appeal Orders Retrial in Kweku Baako Defamation Case; Damages Remain Untouched
The Court of Appeal has overturned a previous High Court ruling in favour of veteran journalist Abdul Malik Kweku Baako Jnr, ordering that the defamation case against Kennedy Ohene Agyapong be heard afresh.
Consequently, the appellate court has also directed Mr. Baako to refund any damages already paid to him within 30 days.
However, Mr. Baako, the Editor-in-Chief of the New Crusading Guide, has clarified that the money in question remains untouched in his lawyers’ bank account.
In a Facebook post following the Thursday ruling, he stated emphatically that “not a cedi or a pesewa” had been accessed. He explained that the funds are still intact, held securely in line with the court’s directive.
The Background of the Dispute
The legal battle dates back to July 2018. During that time, Mr. Agyapong, the Member of Parliament for Assin Central, used certain words to describe Mr. Baako on multiple media platforms, including Net 2 TV, Oman FM, Adom FM, and Asempa FM. Mr. Baako subsequently deemed these statements defamatory and filed a suit in October 2018, initially seeking GH¢25 million in general damages.
In his statement of claim, Mr. Baako argued that the comments severely damaged his reputation in the eyes of the public. He further noted that when programme hosts asked Mr. Agyapong to either retract the statements or provide evidence to support them, he failed to do so.
Therefore, Mr. Baako asked the court to compel Mr. Agyapong to issue a retraction and an unqualified apology. He also sought a perpetual injunction to prevent the MP and his agents from making further defamatory publications.
The Initial High Court Victory
Presiding over the case on June 26, 2020, Justice Afia Serwah Asare Botwe of the Accra High Court ruled in favour of Mr. Baako. The court ordered Mr. Agyapong to retract the statements and apologise three times on the same platforms within 30 days.
Additionally, it awarded Mr. Baako GH¢100,000 in damages and GH¢30,000 in costs. Before the appeal was determined, Mr. Agyapong paid a portion of this sum, amounting to GH¢80,000.
The Appeal and Its Grounds
Unhappy with the High Court’s decision, the defence challenged the ruling on several grounds. A key point of contention was the striking out of portions of Mr. Agyapong’s witness statements during the Case Management Conference stage.
In its unanimous ruling on February 12, 2026, the Court of Appeal upheld the appeal. The court set aside the previous judgment, citing a statutory breach that it stated “went to the root of the case” and rendered the initial decision flawed. While legal observers expect the full written judgment to clarify the specific details of this breach, the court maintained that the finding was substantial enough to nullify the earlier ruling
Next Steps
Following the Appeal Court’s decision, Mr. Baako has signalled his intention to challenge the ruling at the next level of the judiciary. He expressed confidence in his ability to continue asserting his rights.
Despite the legal reversal, Mr. Baako maintains that his primary focus has always been on securing a retraction and an apology for the defamatory allegations, rather than the monetary compensation.
As the legal process resets, both parties will now present their arguments again in a new trial
