Accra High Court bars journalist from publishing claims against private businesswoman

The Human Rights Division of the High Court in Accra has imposed a permanent injunction on freelance investigative journalist Innocent Samuel Appiah, preventing him from publishing or circulating allegations concerning Cynthia Adjei, a private individual, after upholding a privacy breach suit against him.

The court, presided over by Justice Nana Brew, also ordered Mr Appiah to pay GH¢10,000 in costs.

The ruling effectively restrains the journalist from engaging in any investigative reporting, commentary, or related publications connected to the issues raised in the case, whether through traditional media or online platforms.

In his judgment, Justice Brew acknowledged that freedom of the press is guaranteed under the Constitution but stressed that it is not without limits.

He noted that journalistic freedom must be exercised responsibly and in a manner that does not infringe on the rights and reputations of private individuals.

The court underscored the duty of investigative journalists to follow established legal and institutional channels, particularly when dealing with allegations of criminal conduct.

According to the judge, such matters should be reported to state agencies including the Economic and Organised Crime Office (EOCO), the Ghana Police Service, the Criminal Investigations Department (CID), or the National Intelligence Bureau, rather than being published directly.

Although the court declined to award damages to the plaintiff, it found that Mr Appiah’s conduct had the potential to cause reputational harm.

On that basis, it granted the injunction to prevent further exposure.

Justice Brew stated that, based on the evidence before the court, the information sought for publication amounted to an invasion of the applicant’s right to privacy and could not be justified on public interest grounds.

He concluded that, when weighed against constitutional human rights protections, the journalist’s intended actions violated the applicant’s fundamental rights.

Background to the Case

The interim order stopped Mr Appiah from publishing an investigative report alleging unethical practices and conflicts of interest involving the company.

The matter arose after the journalist sent questionnaires to Mrs Adjei and her husband, seeking clarification on issues relating to Lysaro Group’s operations, including land acquisitions, contract awards, and tax matters. Rather than responding to the questions, Mrs Adjei sought legal relief to block the publication.

In granting the initial injunction, Justice Brew cited concerns about potential harm to Mrs Adjei’s fundamental human rights and held that damages would not be an adequate remedy if the publication went ahead, even though no story had yet been released.

Mrs Adjei maintains that she is a private citizen with no history of holding public office.

However, the journalist argued that her husband’s previous roles as Group Chief Finance Officer and later Acting Managing Director of GOIL Ghana Plc, as well as his position as Board Chairman of the Students Loan Trust Fund, made her a politically exposed person. It was also alleged that Lysaro Group had obtained contracts from these institutions.

Mr Appiah has maintained that he never published any report against Mr or Mrs Adjei, explaining that the questions sent were part of routine fact-checking and verification before publication.

The decision has triggered mixed reactions within media and legal circles. While some see it as a necessary affirmation of privacy rights and responsible journalism, press freedom advocates warn it could have far-reaching implications for investigative reporting in Ghana.

The case adds to the broader national debate on where the line should be drawn between public interest journalism and the protection of individual rights, and the role of the courts in maintaining that balance.