Kennedy Agyapong Vs Anas: What The $18m Defamation Loss Means For The Former MPs' Ghana Assets

Founding partner of the law office at Clinton Consultancy, Amanda Clinton, gives insight into whether the US defamation judgement against Kennedy Agyapong will haunt his assets in Ghana

With former Assin Central MP Kennedy Agyapong losing a defamation lawsuit to the tune of $18 million against investigative Journalist Anas Aremeyaw Anas, questions have centred around how the politician will pay up.

While it assumed that Agyapong owns a ton of valuable assets in Ghana, questions are emerging about whether the politician's assets in Ghana could be garnisheed to cover the amount owed.

As a starting point, Amanda Clinton, a lawyer and the founding partner of the law office at Clinton Consultancy, noted to YEN.com.gh that the enforcement of foreign judgments in Ghana is governed by a combination of statutory provisions and common law principles.

"Foreign judgment creditors seeking to enforce their judgments in Ghana must understand the legal framework, including recognised countries under Ghanaian law and the procedures available when statutory recognition does not apply."

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The law in question relates to the Courts Act, 1993 (Act 459) and the Foreign Judgments and Maintenance Orders (Reciprocal Enforcement) Instrument, 1993 (LI 1575) which regulate the enforcement of foreign judgments in Ghana.

These laws establish a reciprocal enforcement mechanism, allowing judgments from designated countries to be recognised and enforced without the need for fresh litigation.

The hitch however is that not all countries are recognised under this legislation. It provides a list of countries whose judgments are automatically enforceable in Ghana on a reciprocal basis. These include the UK, France, Spain, Italy, Japan, Lebanon, Brazil, Israel and Senegal.

"Judgments from these countries can be registered in the Ghanaian courts and enforced as if they were local judgments, provided they meet specific legal criteria."

For the enforcement of judgements originating in countries not listed under LI 1575, Clinton explained that enforcement is still possible but follows a different procedure based on common law principles.

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She noted that under Ghanaian common law, a foreign judgment can be enforced if the judgement is final and not subject to appeal, came from the authorised court and must be based on the substance of the dispute and not technical grounds.

There must also be an absence of fraud and must not violate Ghanaian public policy, morality, or fundamental principles of justice.

Procedure for enforcing a foreign judgment in Ghana

When seeking to enforce a foreign judgment under common law, Clinton explained that the creditor must initiate fresh proceedings in a Ghanaian court.

The process involves:

• Filing a claim
• Apply for a summary judgement
• Comply with the limitation period by filing within six years from the foreign judgment.

However, Anas had a similar defamation suit with the firebrand politician which did not end in his favour.

Anas sued the former Assin Central MP for defamation in Accra and demanded GH¢25 million but the case was dismissed.

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Among other things, Agyapong alleged that Anas was responsible for the murder of fellow investigative journalist Ahmed Hussein-Suale and the deaths of multiple Chinese nationals in Ghana.

“It will be difficult for the court to relitigate that same matter with the same facts and issues since a similar matter was initiated and Judgement was given by the trial Judge which the trial judge in his case labelled Anas as an extortionist, blackmailer, and investigative terrorist," reminded Clinton.

Ultimately, Agyapong's assets in Ghana will likely be beyond the reach of Anas, amid attempts to secure his judgement.

In another world, Anas could have gone by common law principles and asked for a summary judgment using his legal victory in the US.

However, he can’t do that if the same parties, same facts, same cause of action already decided upon in Ghana, Clinton explained.

What we know about Agyapong's US assets?

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Agyapong owns at least three properties in the US, with a combined purchase value exceeding $1.8 million.

According to property records in Essex County, New Jersey referenced by the media, he has residences in areas called West Orange, Newark Residence and East Orange.

For starters, Anas’ legal team could potentially place liens on these properties or initiate foreclosure proceedings, if Agyapong does not satisfy the court’s award voluntarily.

Source: YEN.com.gh