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Court awards GHC750,000 damages against ABSA Bank for defamation

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A High court in Accra (General Jurisdiction 7) has awarded a cost of GH750,000 against ABSA Bank Ghana Limited for defaming Mr Adri Hopson, a real estate developer.

In 2019, Mr Hopson, the plaintiff sold two separate two-bedroom houses to two employees of the Bank, Isaac Quao and Linda Mokeh.

The plaintiff had stated in his writ of summons filed by his lawyer, Nii Kpakpo Samoa Addo that he was subsequently invited by the Greater Accra Regional Police Command to respond to a complaint of fraud lodged against him by the Bank, the defendant, regarding his sale of encumbered properties to its two employees.

Meanwhile, the plaintiff had argued that the properties were not encumbered in any way, therefore, the act of the defendant in lodging a complaint against him was defamatory.

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Mr Hopson contends that he was not involved in any contract or transaction with the defendant Bank.

In his judgement on May 22, the presiding judge, Justice Ali Baba Abature held that the complaint of defrauding by false pretences lodged against the plaintiff by the defendant Bank was defamatory as it was made out of malice without probable and reasonable cause, thereby harming the reputation of the plaintiff as a successful and respected. businessman.

Justice Abature stated that the two workers of the Bank were in occupation of the properties the plaintiff genuinely sold to them, with one of them admitting that she has registered her title to the property she purchased.

Consequently, the judge awarded GH300,000 in general damages to be paid to the plaintiff by the defendant, punitive damages of GH300,000, compensatory damages of GH150,000. and costs, including services cost of GH100,000 against defendant in favour of the plaintiff.

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The defendant had told the court that the plaintiff mortgaged the properties he sold to its employees, but Nii Addo, counsel for the plaintiff averred that the
properties the defendant claimed were mortgaged by his client were not the properties sold to the two employees of the defendant.

It was the case of the plaintiff that he dealt with the defendant’s two employees in good faith and did not suppress any material fact from the employees and that malice occurred on the part of the defendant when the complaint of fraud was made to the police with intent to harm his image or reputation.

The defendant, on the other hand, denied all the averments of the plaintiff.

In its statement of defence, ABSA averred that the results of an initial search conducted by its Central Securities Unit (CSU) on the properties sold to its two employees by the plaintiff indicated that there were no encumbrances on the property before it accepted the mentioned employees’ application for a mortgage under its Bank Staff Mortgage Loan Policy.

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However, the defendant stated that subsequent investigations at the time the said employees’ mortgage documents were submitted to the Land Title Division for registration of its interest in the properties by virtue of the mortgage loan it granted to the two employees for the purchase of the properties have revealed that the properties the plaintiff sold to its two employees were encumbered as a mortgage had already been registered on the said properties.

Consequently, the defendant’s mortgage interest charge in the two properties could not be registered thereby rendering the mortgage facility it granted to its two mentioned employees unsecure.

As a result, ABSA said its Fraud Risk Management and Investigations Unit was commissioned to conduct forensic investigations into the conduct of the plaintiff, and the investigation report revealed that that the Plaintiff had mortgaged certain properties including the two that Plaintiff sold to its employees to First Trust Savings and Loans for a loan facility.

Defendant therefore lodged a complaint with the Regional Crime Officer of the Greater Accra Regional Police Command to investigate the matter.

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BY MALIK SULLEMANA

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NPP mourns Ambassador Samuel Arthur Odoi-Sykes

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The New Patriotic Party (NPP) has announced with profound sorrow the passing of Ambassador Samuel Arthur Odoi-Sykes, describing him as an eminent statesman, distinguished patriot, and one of the founding pillars of the party.

In a statement issued by the party, Ambassador Odoi-Sykes was eulogized for dedicating several decades of his life to the service of Ghana and the cause of democratic governance.

“His constant dedication to public service, constitutional democracy, and principled political leadership earned him the admiration and respect of colleagues across the political divide,” the statement said.

Ambassador Odoi-Sykes served as Member of Parliament for Ashiedu Keteke, now Odododiodio, during the Third Republic, where he rose to become Minority Leader of Parliament. He was noted for his exemplary parliamentary leadership and advocacy for democratic ideals.

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As a founding father of the NPP, he played a pivotal role in laying the institutional and ideological foundations of the party.

His leadership as National Chairman from 1998 to 2001 was instrumental in uniting and strengthening the NPP, culminating in its historic electoral victory in the year 2000 and the first democratic transfer of power between political parties under the Fourth Republic.

Following that landmark achievement, he continued his service to the Republic as Ghana’s High Commissioner to Canada from 2001 to 2006, where he represented the nation with distinction and enhanced Ghana’s diplomatic relations abroad.

The party noted that throughout his lifetime, Ambassador Odoi-Sykes served on numerous national and party committees, offering wise counsel, strategic leadership and invaluable institutional memory.

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“His integrity, humility, intellect, and constant commitment to Ghana’s democratic development will remain an enduring source of inspiration for present and future generations,” the NPP said.

“His passing marks the end of an illustrious chapter in Ghana’s political history. The nation has lost a distinguished public servant, while the New Patriotic Party has lost one of its most respected elder statesmen and steadfast architects.”

The party extended its deepest condolences to his wife, children, the entire Odoi-Sykes family, friends, and associates.

“As we mourn his passing, we also celebrate a life exceptionally lived in faithful service to God, country, and the Party. Ambassador Samuel Arthur Odoi-Sykes has indeed paid his dues, and his legacy of principled leadership, patriotism, and selfless service will forever remain etched in the annals of Ghana’s democratic history.

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“May his soul rest in perfect peace, and may his memory keep inspiring generations yet unborn,” the statement concluded.

By Edem Mensah-Tsotorme

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Yaw Ampofo Ankrah defers parliament appearance over ongoing CID probe

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Lawyers for suspended National Sports Authority (NSA) Director-General, Yaw Ampofo Ankrah, say he will not appear before Parliament for now because matters concerning him are currently under investigation by the Criminal Investigations Department (CID) of the Ghana Police Service.

In a statement issued on behalf of Mr Ampofo Ankrah, his legal counsel, Jerry Avenorgbor of Brookman Amissah & Associates, said the sports administrator has cooperated and will continue to cooperate with the police as they work to establish the facts.

The lawyers said Mr Ampofo Ankrah and his representatives would refrain from making detailed public comments on the allegations while the investigation is ongoing.

They urged the media and the public to exercise restraint and avoid presenting allegations, speculation or unverified information as established facts.

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The lawyers stressed that the existence of an investigation does not, by itself, amount to a finding of wrongdoing against Mr Ampofo Ankrah or any other person.

On calls for Mr Ampofo Ankrah to appear before Parliament, his lawyers said it would be “imprudent” for him to do so while the CID investigation remains active and he is under suspension.

According to them, appearing before Parliament at this stage could create complications for the investigation and potentially affect the process through which the facts are being established.

Mr Ampofo Ankrah has therefore decided to defer any appearance until the investigation has been concluded and the circumstances surrounding his suspension have been determined by the appropriate authorities.

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His lawyers, however, stressed that the decision should not be interpreted as a refusal to submit to lawful processes or to account to Parliament or any other constitutionally mandated institution.

They explained that the position is intended to protect the integrity of the ongoing investigation and prevent any action that could potentially interfere with it.

The lawyers further indicated that if his suspension is lifted and he is restored to his position as Director-General of the NSA at the discretion of the Office of the President, he will respond appropriately to any lawful request to appear before Parliament or another competent institution.

Mr Ampofo Ankrah and his legal representatives are expected to respond to the findings of the investigation and address any issues requiring clarification once the appropriate authorities have completed their work.

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They have meanwhile called for patience and respect for the ongoing investigative process.

By: Jacob Aggrey

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