Why did Ghanaian journalist Anas file his defamation lawsuit to the US? | DW News
By DW News
Key Concepts:
- Defamation
- Jurisdiction (legal)
- Minimum Contact (legal)
- Persona non grata
- Journalistic Terrorist
- Press Freedom
- Transparency
- Rule of Law
Defamation Case in the US:
- Ghanaian journalist Anas Aremeyaw Anas won a defamation case in the United States, specifically in New Jersey, and was awarded $18 million.
- The lawsuit was against a former Ghanaian MP, Kennedy Agyapong, who defamed Anas on a podcast.
- Agyapong accused Anas of being a criminal and implicated him in the murder of a fellow journalist, among other claims.
Jurisdictional Basis in the US:
- The defamation occurred in the US, specifically in Essex County, New Jersey.
- The defendant, Kennedy Agyapong, had properties within Essex County, establishing "minimum contact" and giving the US courts jurisdiction.
Contrast with Ghana Legal Action:
- Anas had previously lost a similar legal action in Ghana seven years prior.
- He described facing bias in the Ghanaian courts due to his investigations into judicial corruption.
Judicial Scandal Investigation:
- Anas conducted an investigation into the Ghanaian judiciary, exposing 34 judges and over 100 judicial staff.
- This investigation made him a "persona non grata" to some judges.
- In the initial Ghana case, the judge went as far as labeling Anas a "criminal" and a "journalistic terrorist."
Supreme Court Appeal in Ghana:
- Anas appealed to the Supreme Court of Ghana, but the decision went against him (3-1).
- This led him to seek a fair opportunity in a different jurisdiction, leading to the US lawsuit.
Significance of the US Victory:
- Anas views the US victory as more than just a legal win, emphasizing that justice should not be a privilege of the powerful.
- He aims to give hope to African journalists and demonstrate that perseverance can lead to justice.
Impact on Press Freedom in Ghana and Africa:
- The victory sends a strong signal to African journalists that transparency exists in other jurisdictions.
- It serves as a warning to politicians that they can be held accountable, even if they wield power in their home countries.
- Anas hopes this will encourage journalists in regions like the Sahel, who face similar challenges.
- It also sends a message to corrupt individuals that they will eventually be held accountable.
Notable Quotes:
- Anas: "I need a good forum where nobody will look at you because you're a politician where fairness would rain where everybody is equal before the law."
- Anas: "Justice is not a privilege of the powerful."
- Anas: "We may be down but we are not out."
Conclusion:
Anas Aremeyaw Anas's successful defamation case in the US represents a significant victory for press freedom and accountability in Africa. It highlights the importance of seeking justice in fair and impartial jurisdictions when facing powerful adversaries and sends a message of hope and perseverance to journalists and anti-corruption advocates across the continent. The case underscores the principle that even those who seem untouchable can be held accountable for their actions.
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