Lawyers of former Auditor-General (A-G), Prof. Edward Duah Agyeman, have urged the High Court in Accra to take judicial notice of the “conduct” of National Chairman of the National Democratic Congress (NDC), Johnson Asiedu Nketiah, who had “represented to this Court that he is unwell.”

According to them, the NDC Chairman, despite the indication that he was unwell per an excused duty to the Court, was spotted on different occasions on NDC party campaign grounds, including that of July 27, 2024, in Tamale, where the NDC launched the 2024 Election Campaign.

The concerns of Prof. Duah Agyeman’s lawyers were borne out of a prayer by lawyers of Mr. Nketiah, popularly known as General Mosquito, who is the subject of a GH¢20 million defamation action from the former A-G, that their client was absent on medical grounds, which was earlier acknowledged by the Court.

Johnson Asiedu Nketiah, popularly known as General Mosquito, per an excused duty, had been granted leave on July 4 while the case was adjourned to July 31.

On July 31, when the case was called for hearing, lawyers of the NDC Chairman said, as indicated to the Court previously, that their client was due for a medical review, hence his absence.

However, the lawyers of the Plaintiff urged the Court to take notice of his presence at party activities, particularly on July 10, 19, and 27.

The former A-G had dragged General Mosquito to the Court for defamation, and he is demanding damages in the sum of GH¢20 million.

By Court

Her Ladyship Justice Audrey Kocuvie-Tay, the presiding judge, after listening to the parties, ordered a daily trial from October 8 to October 31, 2024, in the new legal year.

However, Counsel for the Defendant indicated he would be unavailable to assist the Court from October 8 to 11, 2024.

While Counsel for the Plaintiff also indicated their unavailability to assist the Court on October 30 and 31, 2024.

Medical review

In Court on Wednesday, July 31, 2024, Tonny Nyarko Acheampong, while holding brief for Samuel Codjoe as Counsel for General Mosquito (the Defendant), submitted that, on July 4, “we produced a medical excuse duty of the defendant which excuse duty indicated that the Defendant would be due for review today, the 31st day of July 2024.”

“We deem it necessary, therefore, to inform the court that as with the indication on the excuse duty, the defendant is slated for review and would update the court on any further development on his condition,” Counsel submitted.

Subpoenaed witness

He added, “we informed the Court at the last hearing date that our subpoena issued in respect of Kojo Thompson had not been served, and we prayed for an adjournment to ensure that the bailiff of the registry of the court effects service on him.

“We issued a hearing notice and also followed up at the registry. We are, however, being told that even though we have provided the contact details of the said Kojo Thompson, they have not been able to effect service on him.

“For which reason he is not in court today. My lady, we would, in the circumstance, pray for an adjournment for us to put our house in order and produce our next witness at the next adjourned date,” Counsel for General Mosquito submitted.

Witness no longer our employee

Kwame Ofori Addow, a lawyer from Societe General Ghana PLC, said, “we were subpoenaed in respect of the said Mr. Kojo Thompson.”

“My lady, Mr. Kojo Thompson used to be a managing director, but the bank has not been associated with him for the past 20 years.

“So the bank has no official dealing or professional relationship with him.

“As such, compelling us to speak to matters within his personal capacity and knowledge is a bit misplaced, as he is no longer a representative nor an employee.

“So, my lady, in line with the same, we have written a letter and returned the said subpoena to the registry,” he told the Court.