Thursday, March 09, 2006

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Mamponghene Loses Defamation Suit
Story:Stephen Sah

The Mamponghene, Dasebre Nana Osei Bonsu II, has lost the defamation suit he filed at the Accra Fast Track Court against Mr Ben Ephson, Editor of the Daily Dispatch, Mr Akwasi Mensah, a reporter of the newspaper and Allied News Limited, the publishers.The court awarded costs of ¢5 million to the defendants.The plaintiff was claiming ¢500 million in general and special damages for a publication in the April 9, 2003, edition of the newspaper that he received $30,000 (¢264 million) as consideration for nominating one Mrs Rosina Mensah as queen of Asante Mampong.He also sought an order of injunction to restrain the defendants, their agents, representatives, workmen and those connected with the operation and workings of the defendants from continuing their malicious publication calculated to tarnish his reputation.But the court found the publication to be true and a fair comment, especially when the office of the queen of Mampong was a matter of grave public interest.“Having found that the allegation is true, the defendants’ publication and comments made thereon is a fair comment. I am of the opinion the defendants have, on a whole, been able to establish their defence,” the court held.The story which was under the headline “Mamponghene in ¢264 million fraud” indicated that the “ Asantehene and occupant of the Golden Stool, Otumfuo Osei Tutu II, has a difficult task before him. He has before him an eight-page petition against the occupant of the Silver Stool, the Mamponghene, Nana Osei Bonsu.”According to the story, the petition, alleging injustice and fraud, had a 25-page attachment, including a note signed by the Mamponghene acknowledging receipt of $30,000, as consideration for nominating Mrs Rosina Mensah as queen of Asante Mampong.It said for the doubting Thomasses, the signed note acknowledging the receipt of $30,000 was scanned on the back page of the paper for the perusal of readers.The publication stated that the two petitioners, Obaapanin Afua Amadie and Obaapanin Afua Buor, both elders of the Botase family of the Mampong Traditional Area in their petition, stated that the Mamponghene sought the advice of his confidant, Mr Alex Boakye Osei Bonsu, as to who to nominate as the queen of Mampong.Mrs Mensah, who was working in New York, according to the story, was contacted and she expressed interest in the position and eventually invited the Mamponghene, then on a visit to New York, to the residence and that it was at a dinner in the residence that the $30,000 was collected by the Mamponghene.In a reciprocal agreement, the Mamponghene acknowledged receipt of the money and promised to make Mrs Mensah, also known as Nana Abena Nyantakyi, the next queen of Mampong.However when she came to Ghana with items for her enstoolment, somebody else had been nominated.An elated Ben Ephson described the judgement as a victory for the Ghanaian media saying that while the courts would not allow the media to be reckless, they also protected them once the right thing had been done.Meanwhile, the plaintiff had filed a notice of appeal against the court judgement, arguing that the court erred in dismissing his suit.A group calling itself the Concerned Citizens of Mampong besieged the court premises calling for the dethronement of the chief.Immediately after the judgement, some people poured talcum powder on themselves and cast aspersions on the followers of the chief.The people carried placards, one of which portrayed their chief as a “ liar and a disgrace to the Silver Stool” .The followers of the Mamaponghene nearly beat up a press photographer who attempted to take a photograph of their leader, especially when they heard that the other people wanted to remove the sandals of the chief to signal his destoolment.

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