Deputy General Secretary of the NPP Nana Obiri Boahen, Kwame Baffoe alias Abronye and David Asante ... of the Ghana Publishing Company have again lost an application in the Kofi Adams defamation suit and this time at the Court of Appeal.
On the 18th of July 2017, the High Court threw out his application in which he prayed the court to dismiss Mr Adams’ case. He had argued that Mr Adams had underpaid filing fees for the case and that his case did not disclose an action for the court to entertain it. Lawyer for Mr. Adams, Samson Lardy ANYENINI argued that Obiri Boahen and his two colleagues, Abronye and David Asante, were simply playing delay tactics because they didn’t have a valid defence to the case.
The court then, in dismissing that application, asserted that the flaws claimed by the Defendants against the Plaintiff were “nonexistent” and slapped ghc 3000 cost against them. But Obiri Boahen spoke to various radio stations and vowed to appeal the decision. They filed notice of appeal and an application asking the Court of Appeal to stay proceedings at the High Court pending determination of the appeal.
They argued that the High Court was wrong and that their appeal will succeed. Mr. Adams’ lawyers opposed the application stating that it was a ploy to delay the main case because the Defendants are now fishing for nonexistent evidence to be able to file their defence long after the time for filing defence had expired. The lawyers insisted the appeal was “dead at birth” and an abuse of the court process which must be punished by the court.
This morning, the Court of Appeal judges threw out the application for stay of proceedings saying they didn’t even need to look at the arguments filed by Mr. Adams’ lawyers and that the fact that they didn’t show up in court today to move or argue their case was inconsequential since they had read all processes filed by the Defendants. Mr. Adams’ lawyers then prayed that they should be punished with cost of ghc 10,000 b cause “the application is an obvious abuse of the process”.
But the judges gave cost of ghc 3000 for Kofi Adams. The three will now have to file their defence to the suit to justify their claims that the Plaintiff stole state cars and changed the chassis numbers to avoid being detected. The police service investigated the claims with all relevant documents and authorities and concluded that the cars did not belong to the state