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High Court of Ghana impugns investigative journalist Anas Aremeyew Anas

Investigative  journalist  Anas  Aremeyew  Anas

 

PRESS RELEASE

Ouagadougou, April 04, 2023: The Norbert Zongo Cell for Investigative Journalism in West  Africa (CENOZO) is shocked and concerned by the High Court of Ghana’s ruling in the CIVIL SUIT NO: GT/892/2018, which impugns investigative journalist Anas Aremeyew Anas and  opens him up for attack by enemies of the media and free speech. The suit bordering on defamation was filed by Mr. Anas against a Member of Parliament  from Assin Central, Hon. Kennedy Agyapong.

When  taken  in  its entirety, the  ruling  not  only  targets  investigative  journalist  Anas  Aremeyew  Anas,  but  also  undercuts  the  foundation,  principles,  and  practice  of  investigative journalism in Ghana and Africa.

While we respect the right of the courts and the judiciary to carry out their constitutional  duties based on the rule of law, the procedure adopted by presiding judge, Justice Eric  Baah in reaching his decision was iniquitous, largely self-serving and steeped in apparent  vengeance.

 

In our capacity as a sub-regional network of investigative journalists committed to the  promotion of the highest ideals of journalism, CENOZO is obligated to make the following  declarations: Anas Aremeyaw Anas is a member of our organisation who is well-known for  conducting daring investigations that have exposed the underbelly of corruption  and malfeasance in Ghana and globally, thereby attracting legions of enemies and  detractors, some of whom have been caught with their hands in the public pie and  thoroughly disgraced, with many sentenced to prison;

We are aware that Hon. Agyapong, a sitting parliamentarian representing Assin  Central and a Ghanaian government appointee, is among those who have criticised  Mr. Anas and his Tiger Eye team for the multiple exposés they have conducted over  the years;  It is worth noting that Hon. Agyapong has a history of human rights violations and  has incited violence against journalists and activists, including Luv FM journalist  Erastus Donkor during a live interview on Net 2 TV and Ahmed Hussein-Suale, Anas’  team  member  who  helped  make  a  documentary  about  Ghanaian  football  corruption;Cellule Norbert Zongo Pour le Journalisme d’Investigation en Afrique De l’Ouest (CENOZO)

As he got the photographs of Hussein-Suale displayed on a live television screen,  Hon Agyapong had said: “This is Ahmed, you all know he lives in Madina. When  you see him, beat him.”  A few weeks later, Hussein-Suale was not beaten but as  fatally shot on January 16, 2019. The police have not found those responsible for  killing Hussein-Suale, and Hon. Agyapong has denied responsibility for the murder  even when he had publicly incited violence against the deceased journalist;  More than that, we find it very strange that Justice Eric Baah chose to attack Mr.  Anas’ character and reputation rather than focusing on the merits or demerits of  the defamation case that was brought before the court, branding him a “corrupt  blackmailer, terrorist, extortionist, and evil,”

Investigative  journalist  Anas  Aremeyew  Anas

without a shred of evidence; We believe it is extremely unprofessional and ungodly for the judge to have  descended so low and made judicial pronouncements bordering on criminality on  a journalist who has never been charged with any of the offences in question; We also don’t understand why Justice Baah would find a journalist’s work and  person so repulsive that he would address him in such abusive and slanderous  terms;

We, therefore, invite Justice Baah to note the following:   The United States Supreme Court ruling of 1971 in the case of The New York Times  v. Sullivan, wherein the court held that the First Amendment protects newspapers  even when they print false statements, as long as they did not act with “actual  malice”; The landmark ruling of the United States Supreme Court in a case of New York  Times v. United States, wherein the justices of  the apex court held that the  government  cannot  constitutionally  prohibit  the  publication  of  classified  information unless it can demonstrate that the publication or distribution of that  information will cause a clear and present danger of grave harm to the national  security; Besides the above, Ghana has earned global respect by implementing the United  Nations Plan of Action on Journalist Safety and Impunity, and it was honoured to Cellule Norbert Zongo Pour le Journalisme d’Investigation en Afrique De l’Ouest (CENOZO) host UNESCO’s 2018 World Press Freedom Day Celebration, which helped put the  country on the map for freedom of expression;

 

It is also on record that Ghana established a Committee in 2019 to oversee the  mechanism on Journalist Safety, and these gains could be lost due to the actions  of state actors such as Justice Baah and MP Agyapong; We know that Anas Aaremeyaw Anas and his Tiger Eye team have not broken any  known laws in Ghana or elsewhere in the course of their investigative reporting  and should be protected from any form of attack by state and non-state actors; We, therefore, invite the Ghana Journalists Association, as well as journalism associations throughout Africa and the world, to condemn Justice Eric Baah’s actions, which have severely harmed Ghana’s free press record and demonstrated  the  difficult  terrain  in  which  African  journalists,  particularly  investigative  journalists, operate;

We also request the Chief Justice of Ghana and the Ghana Legal Council (GLC)  which have consistently demonstrated a high level of integrity, transparency and  fairness in the dispensation of justice to investigate the conduct of Justice Baah,  and if found guilty, sanction him to serve as a deterrent against future acts of  rascality on the part of judges; and  More  importantly,  we  urge  His  Excellency  Nana  Akufo-Addo,  President  and  Commander-in Chief  of  the  Republic  of  Ghana,  to  not  only  uphold  citizens’  fundamental rights as enshrined in the Constitution, but also to take serious steps  to end acts of impunity against journalists in his country.

Investigative  journalist  Anas  Aremeyew  Anas

We are pleased that Mr. Anas is appealing Justice Eric Baar’s decision and hope that the  Court of Appeal will consider the evidence and facts of the case on their merits. CENOZO reaffirms its commitment to the fundamental principles of press freedom, both  in Ghana and globally. (Moz24h)

For CENOZO  The Board Cellule Norbert Zongo Pour le Journalisme d’Investigation en Afrique De l’Ouest (CENOZO) Sise au Centre National de Presse Norbert Zongo (CNP-NZ), 04 BP 8524 Ouagadougou 04, Burkina Faso Tél +226 25 34 00 00

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