An Accra Excessive Court docket has set Friday, November 17, 2023, to judge a go well with filed by multi-award-winning screenwriter and leisure journalist, Osarfo Anthony, in opposition to former Again Stars captain, Asamoah Gyan, and his supervisor, Samuel Anim Addo.
The journalist (Plaintiff) sued Gyan (1st Defendant) and his supervisor (2nd Defendant) collectively and severally for malicious prosecution — praying the courtroom to award a price of GH₵ a million as common damages, authorized charges, and every other value the courtroom deems proper in opposition to the Defendants.
BACKGROUND OF THE CASE
Within the month of June, 2015, Each day Information newspaper completely broke a narrative, which claimed that one Sarah Kwabla is urgent rape and sodomy allegations in opposition to the famed, former Black Stars captain, Asamoah Gyan, now a retired footballer.
The story, which gained wild nationwide consideration, was revealed by the newspaper with out the sufferer’s (Sarah Kwabla) facet of the story. Sarah contacted Osarfo with graphic images of her bloody butt and thighs, WhatsApp chats with Asamoah Gyan, and Gyan’s voice be aware — wherein he could be heard — interesting to the lady to not present any evidences to the general public.
Osarfo received in contact with Gyan’s lawyer for Gyan’s facet of the story. The lawyer flatly denied Sarah’s allegations. He maintained that Gyan had consensual intercourse with Sarah. Having had a balanced story, the weblog Osarfo labored for, GHBase.com, revealed sequence of tales on the rape and sodomy allegation.
One of many handlers in Gyan’s camp named Nii Armah Amarteifio, appearing on the directions of Gyan’s supervisor, contacted the editor/writer. Nii pleaded for the tales to be pulled down, and additional publications discontinued. The mentioned Nii additionally assured the writer that Gyan is ready to supply monetary token to register his appreciation.
On the blind facet of Osarfo and his media home, the Gyans had reported them to the police – accusing them of making an attempt to extort cash from Child Jet. Upon receiving the funds on behalf of the writer, Osarfo was rounded up by the police.
CRIMINAL PROSECUTION OF JOURNALIST
Within the prison trial titled The Republic vrs. Osarfo Anthony and three others, go well with quantity: D2/60/16, Circuit Court docket 9, Accra, Osarfo was prosecuted for conspiracy to extort and extorting cash from Asamoah Gyan. Osarfo’s protection counsel was in style lawyer Maurice Ampaw, and lawyer Lamtiig Apanga for the writer.
JOURNALIST ACQUITTED AND DISCHARGED
After nearly 4 years (2015-2019) of prosecution, Osarfo was acquitted and discharged on March 20, 2019. Based on the ruling of the Circuit Court docket decide, Her Honor, Afi Agbanu Kudomor (now a Excessive Court docket decide):
“As quickly because the complainant reported the conduct of the appellant to the police and a entice was set for him, there was no risk working on the thoughts of the complainant which induced him to pay the cash.”
Due to this fact, “1st Applicant can’t be criminally held chargeable for conspiring with anybody to extort and certainly extorting cash from the complainant. Counsel for the accused’s submission of no case to reply on behalf of his shoppers is upheld. All of the Candidates are accordingly acquitted and discharged”
JOURNALIST SUES FOR MALICIOUS PROSECUTION
Osarfo sued Gyan and his supervisor for malicious prosecution. Osarfo (Plaintiff) avers that:
— The first and 2nd Defendants, to save lots of and protect their profession and fame, determined to make false allegations in opposition to the Plaintiff, and pressed upon the prosecution to prosecute the Plaintiff for an offence that they knew the Plaintiff didn’t commit.
— With malice, the Defendants withheld data from the prosecutors which might have ended the prosecution of the Plaintiff and exonerate him however they deliberately failed to take action.
— The 2nd Defendant deliberately bore false witness in opposition to the Plaintiff with impunity when in any respect materials instances, he knew the testimony and the proof he was main had been false and with out basis.
RULING ON THE CIVIL CASE
The decide for the case, His Lordship Justice, Dr. Ernest Owusu-Dapaa (Justice of the Court docket of Attraction) seating with extra accountability on the Excessive Court docket, can be passing his ruling at 10:00 AM in Monetary Court docket 1, Excessive Court docket, second flooring.
Osarfo is represented by Yaw Dankwah, Esq. of Dankwah and Associates (Divine Chambers), whereas veteran, authorized luminary, Alexander Abredu Somuah-Asamoah, Esq. (Appiade Chambers) reps Gyan and his supervisor. The go well with variety of the case is GJ/1350/2020.
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