[2019]DLCA10015 • May 30, 2019 • Court of Appeal
BENJAMIN KWASI DUFFOUR vs. BANK OF GHANA AND GRAPHIC COMMUNICATION GROUP LTD
The Respondent, Benjamin Kwasi Duffour, was an employee and Chairman of the Senior Staff Association at Bank of Ghana. The Appellant, Graphic Communication Group Ltd, published an article stating that the Respondent and another trade union leader were dismissed by the Bank of Ghana. The Respondent claimed the publication was defamatory, alleging damage to his reputation and employment prospects. The Appellant admitted publication but denied libel, asserting truth and qualified privilege as defenses, arguing the publication was in the public interest and done without malice.
read moreACKAH-YENSU, JA This appeal concerns the dichotic relationship between two fundamental rights: freedom of expression and protection of reputation. It raises issues as to the meaning of the word “defamatory” and the nature of an action for defamation. The facts can be stated quite concisely. The Plaintiff/Respondent, Benjamin Kwasi Duffour, (to be referred to hereafter simply as the “Respondent”), was an employee of the Bank of Ghana (1st Defendant in the suit at the trial court), and also at all material times, the Chairman of the Senior Staff Association of the Bank. The 2nd Defendant/Appellant, Graphic Communication Group Ltd, (also to be referred to simply as the “Appellant”), are the publishers and owners of one of the leading daily newspapers, the “Daily Graphic”. In the issue of the Daily Graphic of Monday June 30, 2008, there was a headline on the front page, to wit “Bank of Ghana dismisses two trade union leaders”. The main story was published on...