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Gabby Otchere-Darko, a senior partner at Accra-based corporate law firm Africa Legal Associates (ALA), won a defamation lawsuit against freelance journalist Kelvin Taylor.
The journalist will pay ¢ 1 million for damages caused by his defamatory comments about the termination of the Power Distribution Service (PDS) contract.
This was the case in a ruling of the Commercial Court 10 Division of the Superior Court presided over by Jennifer Abena Dadzie.
The agreement with PDS, which was a 20-year concession contract between the government and PDS, was expected to improve the country’s power distribution.
However, the deal was terminated for what the government communication described as fundamental and material violations of PDS’s obligation to provide payment guarantees (demand guarantees).
Commenting on the controversial deal in one of his social media broadcasts titled “With All Due Respect,” the US-based critic alleged that Otchere-Darko had benefited financially from the contract since providing legal advice on the transaction.
Mr. Taylor also alleged that Mr. Otchere-Darko purchased property in Mayfair, London (UK) with the proceeds of PDS or a similar transaction of a questionable nature.
Otchere-Darko, aggrieved by what such a misrepresentation could do to his reputation, sued the freelancer in October 2019 and a year later, the court ruled in his favor.
The procedures
Mr. Taylor did not appear or present a defense statement to substantiate the allegations.
This was despite a mixed service order of March 16, 2020 that the court issued after what Otchere-Darko’s lawyers say were difficulties in serving the defendant with the lawsuit.
This order was for Taylor to be served through his advertised Facebook wall and his WhatsApp number.
The Court in its judgment on Tuesday said that Mr. Taylor, without any basis, had made very serious defamatory comments against Mr. Otchere-Darko.
Judge Jennifer Dadzie said her full judgment on the matter will be available on Tuesday, November 3, 2020.
