Facebook Boy Slapped With GH¢2.95m For Defamation

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Kelvin Ebo Taylor

An
Accra High Court has slapped social media commentator Kelvin Ebo Taylor with a
total of GH¢2,950,000 in damages and cost over his defamatory comments against
private legal practitioner Ace Kojo Anan Ankomah.

The
court, presided over by Justice Ackah Boafo, who delivered his judgment yesterday,
took into consideration how wide the “outrageous and malicious” contents of the
video were circulated, the insults hurled at the plaintiff by other persons
following the publication of the matter, among others.

Video

In
a viral video on social media, Kevin Taylor alleged that Ace Ankomah, together
with some other individuals, including the former Executive Director of the
Economic and Organised Crime Office (EOCO), K.K. Amoah, were among the people
responsible for the woes of the embattled Chief Executive Officer of Menzgold
Ghana Limited, Nana Appiah Mensah, aka NAM1.

He
alleged in the video that “Ace Ankomah basically committed crime. He committed
treason. He sold his country; yes, he sold his country to another country all
because the enviness (sic), the greed, these people…he should come out and
defend himself that he never knew from the start. Ace Ankomah should come out.”

Main Suit

Mr.
Ankomah, through his lawyer, Thaddeus Sory, filed the suit after the
controversial social media commentator alleged that he was one of those behind
all the woes of MAM1.

Ace
Ankomah, in his writ, averred that Taylor’s words were “meant and were
understood to mean that the plaintiff (Ace Ankomah) acting in concert with the
others named in the video, orchestrated all the allegations and perception of
ignominy, disrepute, dishonour, disgrace and stigma associated with the said
NAM1’s business.”

The
plaintiff averred that the publication has lowered his reputation in the eyes
of discerning and right-thinking people in the society.

He
was, therefore, seeking damages of GH¢10 million, aggravated damages, exemplary
damages and legal cost.

He
was also seeking an order on the defendants to pull down the video from their
Facebook walls and any other social media platform they posted it as well as
other reliefs.

Given
that the defendant was not domiciled in Ghana when the suit was initiated, the
court granted the plaintiff leave to serve the defendant out of the
jurisdiction through their address in the United States.

Judgment

Justice
Ackah Boafo, in his judgment, described Taylor’s comments as “cavalier” and
said that when the plaintiff called his bluff and dared him by suing him,
Taylor did not “have the cojones to respond” in spite of him creating the
impression of being able to appear anywhere to defend his “bombastic video.”

The
court said it had jurisdiction to hear the matter as the content of the video
was intended to be shared in Ghana, received considerable interest in Ghana, was
downloaded in Ghana where the plaintiff has ties, and that injury to the plaintiff
in Ghana was foreseeable.

The
court awarded an amount of GH¢2 million as general damages, GH¢500,000 for aggravated
damages, GH¢400,000 for exemplary damages against Kevin Taylor.

The
court also placed a perpetual injunction to restrain the publication of further
material and the defendants were ordered to publish an apology within 14 days,
as well as a mandatory injunction, compelling defendants to remove the
offending material within 14 days.

A cost of ¢50,000 was also awarded against Kevin Taylor.

BY Gibril Abdul Razak