An Accra High Court has entered final judgment in favour of former National Security Minister, Albert Kan-Dapaah, in his defamation suit against activist and lawyer Oliver Barker-Vormawor.
The Court, sitting in its General Jurisdiction division, held that allegations made by Barker-Vormawor that the former Minister offered him US$1 million to abandon his involvement in the FixTheCountry movement were defamatory. The Court awarded GH¢5 million in damages and an additional GH¢100,000 in costs, bringing the total financial liability to GH¢5.1 million.
The Allegation at the Centre of the Dispute
The dispute traces back to public claims by Barker-Vormawor that officials within the National Security apparatus, including Kan-Dapaah, had attempted to bribe him to halt his activism. Central to those claims was an assertion that an audio recording existed of a meeting in which the alleged offer was made.
Kan-Dapaah denied the allegation and commenced legal action, arguing that the claims were false and had caused serious injury to his reputation. He sought damages, costs, and other reliefs, including protection against the repetition of similar statements.
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The case was not without procedural drama.
Barker-Vormawor’s statement of defence and witness statements were at one point struck out. An application to have them reinstated was dismissed by the Court, which cited procedural inconsistencies. The Court had earlier shown latitude by holding an application for judgment in default of defence in abeyance after the defendant failed to file his defence on multiple occasions.
An explanation was offered that a drafted defence had disappeared from counsel’s laptop. Even so, the Court eventually proceeded with the matter.
Before judgment was delivered, an application by Barker-Vormawor seeking to arrest the judgment was also refused.
The Audio That Never Came
A significant feature of the case was the claimed existence of an audio recording of the alleged meeting. According to the plaintiff’s case, no such recording was produced during trial to substantiate the allegation.
The Court ultimately accepted the plaintiff’s position that the statements were untrue and injurious to reputation. Kan-Dapaah, through his counsel, led evidence in support of his claim, and the Court found in his favour.
The Supreme Court Interlude
While proceedings were ongoing at the High Court, the matter briefly reached the Supreme Court where a panel unanimously dismissed an application by Barker-Vormawor for the disclosure of certain documents said to have national security implications.
The apex court held that its jurisdiction under Article 135 of the 1992 Constitution had not been properly invoked and that no specific document warranting disclosure had been sufficiently identified.
A Strong Statement on Reputation
The High Court’s award of GH¢5 million in damages is significant by any measure. In defamation law, damages serve both compensatory and vindicatory purposes. They aim to compensate for harm done to reputation and to publicly affirm the falsity of the allegation.
Serious allegations of bribery and abuse of office, especially against high public officials, must be backed by credible evidence. Where such claims are found to be unsubstantiated, the financial and legal consequences can be substantial.
Whether Barker-Vormawor will pursue an appeal remains to be seen. For now, the High Court’s decision marks a decisive chapter in one of the more closely watched defamation cases involving a public official and a prominent activist in recent years.
