Why did Ghanaian journalist Anas file his defamation lawsuit to the US? | DW News

By DW News

LawJournalismAfrica
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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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