The High Court in Accra has imposed a GH₵3,000 cost on National Democratic Congress (NDC) Chairman, Johnson Asiedu Nketia, for failing to include a key witness in a defamation case brought against him by former Auditor-General, Prof. Edward Dua Agyeman.
Prof. Dua Agyeman sued Asiedu Nketia, popularly known as General Mosquito, in 2018, seeking GH₵20 million in damages for alleged defamatory statements. The court, presided over by Justice Audrey Kocuvie-Tay, granted Asiedu Nketia’s request to amend his pre-trial checklist to include the omitted witness but imposed the fine due to the oversight.
Motion to Amend Witness List
On February 19, 2025, counsel for Asiedu Nketia, Tonny Nyarko, moved a motion to amend their pre-trial checklist.
“My Lady, we have an application for leave to amend the pre-trial checklist, which was filed on the 13th of February 2025 and is fixed for hearing today (February 19, 2025),” he stated.
“We move in terms of the motion paper and the supporting affidavit together with the attached exhibits,” he added.
Explaining the omission, he noted, “At the last Court sitting, our attention was drawn to the fact that we inadvertently excluded Brian Anku Sapati from our pre-trial checklist even though he is a necessary witness in this matter.”
In justifying the request, he argued, “We submit that the amendment is done in good faith and is necessary to enable the Applicant (Asiedu Nketia) to put the entirety of his case before this Court and bring the same in line with the requirements of the rule of Court in respect of the Case Management Conference.”
He assured the court that the application “will not cause any surprise to the Plaintiff/Respondent (Prof. Dua Agyeman) since there is a notice of the subpoena already on record.”
“In the circumstances, we pray this Court to grant us leave to amend the pre-trial checklist in terms of Exhibit ‘J1,’” he concluded.
Court’s Decision
Nana Bayin Ackon, counsel holding brief for Gary Nimako Marfo, indicated that the plaintiff had no objections, stating, “We have nothing to say. We leave it with the determination of the Court.”
After hearing both sides, Justice Kocuvie-Tay ruled in favor of the amendment but imposed a cost on the NDC Chairman.
“Application is granted as prayed,” she ruled.
“Applicant is given seven (7) days to file,” the court ordered, adding, “Costs of GH₵3,000 is awarded against the Defendant/Applicant (Asiedu Nketia) in favor of the Plaintiff/Respondent (Prof. Edward Dua Agyeman).”
The case has been adjourned to April 3, 2025, for continuation.
Plaintiff’s Claims
Prof. Dua Agyeman alleges that Asiedu Nketia falsely claimed on Neat FM that he was banned by the Institute of Chartered Accountants (Ghana) for producing fake audited accounts for a non-existent company.
He is seeking a declaration that:
The publication that “Dua Agyeman concocted fake audit reports concerning some senior officers which led to their dismissal from public service” is defamatory. The claim that he was dismissed from the Audit Service due to dishonesty is also defamatory. The court should issue an injunction preventing further defamatory remarks. The defendant should retract the statements and issue an apology on Neat FM and in four editions of the Daily Graphic. He should be awarded GH₵20 million in damages for reputational harm.
Both Prof. Dua Agyeman and Asiedu Nketia were absent in court.
