By: Alexander Afriyie
A recent development in the high-profile defamation case between Ghanaian investigative journalist Anas Aremeyaw Anas and politician Kennedy Ohene Agyapong has shed light on the intricacies of the legal battle. According to Eric Okyere Darko, a member of Kennedy Agyapong’s legal team, the case has been misrepresented in the media, particularly regarding a supposed $18 million judgment in favor of Anas.
Background of the Case.
The case stems from comments made by Kennedy Agyapong about Anas, which Anas claimed were defamatory. The jury initially awarded Anas $18 million in damages, broken down into $5 million for compensatory damages, $5 million for actual damages, and $8 million in punitive damages. However, the court did not enter a judgment for this amount due to errors on the face of the record.
No Basis for $18 Million Award
Eric Okyere Darko argues that there was no legal basis for the $18 million award. Under New Jersey law, an individual must prove actual damages to qualify for punitive damages. In this case, Anas failed to prove actual damages, rendering the $8 million punitive damages award invalid. Furthermore, the $5 million compensatory damages award is also questionable. The only valid award would be for nominal damages, which, according to New Jersey law, has a maximum award of $500.
Court’s Ruling
The court ultimately granted Kennedy Agyapong’s motion to reduce the damages, molding the jury award to $500. This ruling supports Darko’s assertion that the $18 million judgment was never valid.
The case highlights the importance of understanding the legal nuances of defamation cases. As Darko noted, “We knew we had won the case the very day the jury was dismissed” due to the lack of proof of actual damages. The court’s ruling has now confirmed this, reducing the damages to $500. This development brings clarity to the case, which has been ongoing for several years.