Kumasi High Court Dismisses MP Ayew Afriyie's Defamation Case Over DCE Slapping Allegation
- The High Court in Kumasi ruled on a defamation suit filed by Effiduase/Asokore MP Dr Ayew Afriyie against radio commentator Isaac Asante
- The case centred on a statement Asante made on Nhyira FM alleging the MP slapped the then District Chief Executive of Sekyere East, Mary Boatemaa Marfo
- Justice Dr Poku Adusei weighed the testimony of the DCE herself, medical evidence, and a police report in reaching his verdict on 26 March 2026
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The High Court in Kumasi has dismissed a defamation suit brought by Dr Ayew Afriyie, the Member of Parliament for Effiduase/Asokore, against Isaac Asante, also known as Nana Asante, following his broadcast on Nhyira FM in which he alleged the MP assaulted a District Chief Executive.
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Justice Dr Poku Adusei, a Court of Appeal judge sitting as an additional High Court judge, delivered the ruling on 26 March 2026 and ordered the MP to pay GH¢25,000 in costs.
The Law Platform reported that the dispute traces back to 11 October 2019, when then-President Akufo-Addo was scheduled to visit the Effiduase/Asokore constituency.
Tensions between the MP and the then DCE, Mary Boatemaa Marfo, over logistics for the presidential visit, including a disagreement over the use of two school buses belonging to Effiduase Senior High School and TI Ahmadiyya Senior High School, culminated in a confrontation at the forecourt of the Sekyere East District Assembly.
During that confrontation, the DCE was reportedly struck and fell to the ground, sustaining moderate tenderness on her leg and the left side of her neck.
Asante, who said he was present at the Assembly premises, was subsequently contacted by Nhyira FM and told the station by telephone that the MP had slapped the DCE on the cheek after she instructed a bus driver not to move the vehicle.
The MP denied the allegation through a press statement and took legal action seeking general, special, aggravated, exemplary, and compensatory damages, as well as a perpetual injunction.
Court Finds Defences of Justification Proven
The court identified three central issues: whether the assault occurred, whether it caused the DCE's fall, and whether Asante had indeed made the statement.
On the first issue, the court found the DCE's testimony particularly compelling, noting that the incident occurred in broad daylight and that her account withstood cross-examination.
A certified police report and an endorsed medical form supported her version of events, with the court finding that the medical findings were more consistent with a forceful blow than with the incidental push described by the MP's first witness.
The court rejected the MP's witnesses as unreliable. His first witness admitted in his witness statement to pushing the DCE but reversed that position under cross-examination. His second witness claimed the DCE had fallen on her own and later tried to alter his evidence, which the court described as a palpable falsehood. His third witness contradicted his own written statement on the stand.
On the standard of proof, the court dismissed the argument that Asante bore the burden of proving the assault beyond reasonable doubt, clarifying that justification and fair comment operate as defences in a civil proceeding, not as criminal prosecution tools.
The court further held that the assault of a serving District Chief Executive constituted a matter of public interest, satisfying the requirements of fair comment, and that Asante had acted honestly without malice. The plaintiff's action and all accompanying reliefs were accordingly dismissed.
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Source: YEN.com.gh
