The High Court has dismissed a defamation suit brought by Minority Leader Alexander Afenyo-Markin against Ghana Gold Board (GoldBod) Chief Executive Officer, Sammy Gyamfi, after finding that the writ of summons failed to comply with mandatory procedural requirements for libel actions.
The lawsuit stemmed from a heated public exchange between Afenyo-Markin and Gyamfi over alleged losses of US$1.7 billion linked to the Bank of Ghana’s Domestic Gold Purchase Programme in 2025. While Afenyo-Markin expressed concerns about the reported losses, Gyamfi disputed his claims and accused the Minority Leader of attempted extortion. The allegations prompted Afenyo-Markin to file a defamation claim.
However, Gyamfi’s legal team quickly entered a conditional appearance and sought to have the writ set aside, arguing that it was defective under the High Court (Civil Procedure) Rules, 2004 (C.I. 47). Specifically, they pointed to Order 57 Rule 2, which requires that writs in libel cases be endorsed with sufficient particulars of the allegedly defamatory publication.
In its ruling, the court agreed, emphasizing that providing these particulars is not a mere technicality but a procedural obligation essential for defamation proceedings. The judge noted that failing to comply with the specific rules governing libel actions means the court’s jurisdiction is not properly invoked.
Addressing arguments from the plaintiff, the judge referred to previous Supreme Court cases, including Owusu Domena v Amoh and consolidated suits involving Alex Onuma and Newmont, which highlighted the centrality of procedural compliance in defamation cases. While, in some instances, a statement of claim might cure a defective writ if the defendant does not object and participates in the case, the judge distinguished this case since Gyamfi’s lawyers had promptly challenged the writ through a conditional appearance.
Ultimately, the court found that Afenyo-Markin’s failure to endorse the writ with detailed particulars of the alleged defamatory publication rendered the action defective. The judge struck out both the writ of summons and the statement of claim, filed on August 24, 2026, and made no order as to costs.
Source: Apexnewsgh.com