Since the case was started on 2 June, attorneys for Blessed Godsbrain Smart (also known as Captain Smart) have submitted their defense as of 27 July 2023.
Blessed Godsbrain Smart (also known as Captain Smart), the host and presenter of Maakye on Onua TV and Onua FM, has been fined GHC 5,000 by an Accra High Court for failing to timely file a defense in the defamation case brought by the Finance Minister Ken Ofori-Atta against him.
On Thursday, July 27, 2023, attorneys for Ofori-Atta came in court to present their application for judgment in default of defense. However, they were informed by the court that Captain Smart’s defense attorneys had submitted their statement of defense as of 8:54 AM on July 27, 2023.
In response, Ofori-Atta’s attorneys retracted their application for judgment in default of defense and requested reimbursement for their fees. The court decided that the GHC 10 million defamation claim should proceed according to usual procedure and assessed costs of GHC 5,000 against the defendant.
Background On 2 June 2023, Ofori-Atta sued Blessed Godsbrain Smart (also known as Captain Smart), the host and presenter of Maakye with Captain Smart on Onua TV and Onua FM, for defamatory statements he made about the recently approved $3 billion extended credit facility from the International Monetary Fund secured by Ghana for a period of three years.
The words “Are you aware that Ken Ofori Atta has taken his 10% of the IMF money?” were broadcast and published on Onua TV, Onua FM, and via the internet on May 22, 2023, during the said Maakye with Captain Smart program, according to the writ filed by Ken Ofori-Atta’s attorneys at the high court in Accra. He takes 10% of each loan we take out.
The aforementioned claims are not only flagrantly false and wholly made up, but they were also meant to malign the plaintiff. The statement of claim submitted by Ofori-Atta’s attorney stated, “Those comments are malicious and were plainly further intended to convey and would be interpreted to convey sentiments that demean the plaintiff in the views of right-thinking members of society.
The aforementioned terms, taken in their natural and ordinary sense, meant and were understood to signify, among other things, that the plaintiff is dishonest, has misappropriated public monies, and has abused his position.
The statement of case continued, “As a result of the foregoing, Plaintiff has suffered damage to his credit, character, and reputation as well as being exposed to public scandal, ridicule, grief, and embarrassment.
Ofori-Atta’s attorney further claimed that in a letter dated May 29, 2023, they demanded an apology and retraction of the false assertions from Blessed Godsbrain Smart (also known as Captain Smart), but the defendant both failed and refused to comply.
Five reliefs are requested by the plaintiff from the court. First, Ken Ofori-Atta requests “a ruling that the defendant’s comments, “Are you aware that Ken Ofori Atta has accepted his 10% of the IMF money?” were unlawful. Ken Ofori-Atta receives 10% of every loan we accept, which is defamatory to the plaintiff (Ofori-Atta).
In addition, “collection of the sum of ten million Ghana cedis (GHC10,000,000) as general damages, including aggravated and/or exemplary damages for defamation, for the libel made by the defendant.
In addition to a “perpetual injunction restraining the defendant, whether by himself, his servants, agents, or assigns, from repeating similar or other defamatory words against the plaintiff,” Ofori-Atta is also asking for “an apology for and retraction of the words complained of and particularized.” Ofori-Atta’s final request is for the court to penalize Captain Smart with expenses.
Finance Minister Ken Ofori-Atta has led Ghana’s negotiations with the IMF since the country decided to approach the Fund.
The Ofori-Atta-led negotiating team secured a staff-level agreement with the IMF on 12 December 2022 and obtained board-level approval on 17 May 2023.
Source: OccupyGh.com
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