Appeal Court overturns Kweku Baako's defamation win against Ken Agyapong, orders refund of GHS130,000

The Court of Appeal has overturned a landmark defamation judgment that had gone in favour of veteran journalist Kweku Baako Jnr. against Assin Central MP Kennedy Agyapong, ordering a full retrial of the case and directing Baako to refund all damages and costs paid to him within 30 days.

In a unanimous decision delivered on Wednesday, February 12, 2026, the appellate court upheld an appeal filed by Kennedy Agyapong against a June 26, 2020 ruling of the High Court (Financial and Economic Crime Division), which had found the politician liable for defaming the renowned journalist through a series of media comments made in 2018.

The appeal court ruled that the High Court judgment was procedurally flawed, particularly because key portions of Kennedy Agyapong’s witness statements had been struck out at the Case Management stage, a move the court held unfairly prejudiced his defence and affected the fairness of the trial. As a result, the judgment in favour of Baako was set aside in its entirety.

Refund And Retrial Ordered

Following the ruling, the Court of Appeal ordered that all monies paid to Kweku Baako after the High Court judgment — including GH¢100,000 in damages and GH¢30,000 in legal costs — must be refunded to Kennedy Agyapong within 30 days.

The court further directed that the matter be retried afresh at the High Court.

The retrial will now proceed with full adoption of witness statements from both parties, in line with the appellate court’s orders, effectively restarting the case on its merits.

Background

The defamation suit arose from a series of public statements made by Kennedy Agyapong in July and August 2018 on multiple radio and television platforms, including Net 2 TV, Adom TV, Oman FM, and Asempa FM. During these broadcasts, the outspoken politician accused Kweku Baako of corruption, dishonesty, hypocrisy, involvement in illegal mining (galamsey), abuse of influence, and unethical journalistic practices.

Kweku Baako argued that the remarks were false, malicious, damaging to his reputation, and calculated to portray him as corrupt, criminal, and morally bankrupt in the eyes of the public.

He subsequently filed a defamation action seeking damages and retraction.

2020 High Court ruling

In June 2020, the High Court, presided over by Justice Afia Serwaa Asare-Botwe (as she then was), ruled in favour of Baako, holding that the words spoken by Kennedy Agyapong across the various media platforms were defamatory.

The court awarded GH¢100,000 in damages and GH¢30,000 in costs, marking one of the most high-profile defamation judgments involving political speech in recent legal history.

The court held that the statements portrayed Baako as corrupt, evil, dishonest, criminally involved in galamsey, and unethical in professional conduct, and that they were capable of lowering his reputation in the estimation of right-thinking members of society.

Appeal And Reversal

Kennedy Agyapong appealed the decision, arguing that the trial process was procedurally unfair, particularly the striking out of parts of his witness statements at the Case Management stage, which he said denied him the opportunity to fully present his defence.

The Court of Appeal agreed, ruling that the process adopted by the High Court undermined the fairness of the trial and warranted the setting aside of the judgment.

The appellate court therefore nullified the damages award and ordered a complete retrial of the matter.