..Goes on his knees with an apology
Professor Ivan Addae-Mensah, a former Vice-Chancellor of the University of Ghana, has gone on his knees with an apology to William Edem Fugar, a legal practitioner, for relying on a Daily Graphic report to write his autobiography, with portions said to be inaccurate and defamatory.
After the publication of Prof Addae-Mensah’s (defendant) autobiography titled: “My Life: A Historical Narrative”, Mr Fugar (plaintiff) in a demand notice dated December 21, 2023, accused the former Vice-Chancellor of defaming him, a claim the former Vice-Chancellor, vehemently denied.
Per the court document available to the Ghana News Agency, after the settlement, Prof Addae-Mensah, would delete the offending words from the next print/edition of the autobiography.
The former Vice-Chancellor, rendered the apology after the parties reached an agreement to settle the matter amicably, which was adopted by the High Court presided over by Justice John Bosco Nabarase.
He said, while conducting research prior to writing the biography of Hilla Limann, he came across information in the Daily Graphic of April 12, 1979, with reference to the court case of Pennie and Datsomor versus Egala and Limann.
He said the headline of the story indicated that the Counsel for the plaintiff, Mr Fugar, had “abandoned” his clients during trial.
“I was misled by that statement and, therefore, relied upon it in the Limann book, which l published in 2016.”
He said in writing his autobiography in 2023, titled:” My Life, A Historical Narrative”, he again relied on the same statement, though Mr Fugar, had continued to represent his clients until the successful determination of the substantive matter. ”
“l am able, therefore, without any hesitation to say that had l been aware that the headline in the Daily Graphic in 1979 was not an accurate reflection of what had transpired in court, l will not have repeated it in 2016 and again 2023,” he said.
Prof Addae-Mensah, said he acknowledged the integrity of Mr Fugar and was aware that he was a luminary in the practice of law, who had been respected in his field by his clients, his peers and generally for more than 50 years and continued to this day to be so respected.
Per the settlement, the defendant will publish a quarter-page advertisement of the apology in the Daily Graphic within 10 days.
In consideration of the defendant’s compliance with the terms of the settlement, the plaintiff will release the defendant from the claims in the suit and waive any cause of action from the statements published by the defendant in his book.
Madam Marietta Agyeiwaa Brew, one of the Counsels for Mr Fugar, said they did not ask for cost during the period, because the focus was on protecting the reputation of their client.
The plaintiff, initially sought an order of perpetual injunction restraining the defendant from further publicising the offending passage and an order of mandatory injunction requiring the defendant to cause to be withdrawn from circulation the copies of the book containing the offending passages. They also sought damages for libel, including aggravated damages.
Interestingly, one Azanne Kofi Akainyah, a lawyer yesterday took to his social media, Linkedin page and sought to discredit the settlement as reported by the Ghana News Agency (GNA).
He wrote “Yesterday I was at the High Court to announce an Agreed Settlement in a defamation suit filed by a legal luminary against my client a renowned Professor which had grabbed the attention of those in the public who had nothing better to do with their time.
“Reading today about the case on social media I think yesterday I must have been in a different case in a different courtroom. It’s my fault. I failed to control the media message albeit that in this case it did not really matter.
“However there is a lesson in this media age when no one has time for deep reading and attention is transient. YOU MUST CONTROL THE NARRATIVE!
On the same platform, Fui S. Tsikata, hit back at Mr Akainyah with a post which read, “The Ghana News Agency report said that your client agreed to retract his allegations and apologise unreservedly. What is the different narrative you would have put out?
Mr Akainyah, replied Mr Tsikata, saying “Fui S. Tsikata Senior Counsel, you are correct. It is indeed true that Professor Addae-Mensah apologised unreservedly. But the question is for what? Read the Agreed Settlement Statement he made in the proceedings to find out.
“In any event a settlement which did not require Addae Mensah to pay any damages or cost and which permitted the books (allegedly containing a libel) to continue in circulation and not be withdrawn and to continue to be marketed and publicized on Amazon and other outlets is a good result for Addae-Mensa.
“It is not an issue of Victory or Defeat. However, reading the social media, especially the notorious ghanaweb, one gets a different one sided and unhelpful impression.
“Happily, it is now all over and I am pleased that Tsatsu Tsikata and Marietta Brew, were able to assist in arriving at such a sensible outcome, especially since Addae-Mensah, had never doubted the integrity or the impregnability of the reputation of Fugar”
But the court records show that the former Vice-Chancellor of the University of Ghana indeed, did exactly what was reported by the GNA.
On the same platform, Fui S. Tsikata hit back at Mr Akainyah with a post which read “The Ghana News Agency report said that your client agreed to retract his allegations and apologise unreservedly. What is the different narrative you would have put out?
Mr Akainyah Replied Mr Tsikata, saying “Fui S. Tsikata Senior Counsel, you are correct. It is indeed true that Professor Addae-Mensah apologised unreservedly. But the question is for what? Read the Agreed Settlement Statement he made in the proceedings to find out.
“In any event a settlement which did not require Addae Mensah to pay any damages or cost and which permitted the books (allegedly containing a libel) to continue in circulation and not be withdrawn and to continue to be marketed and publicized on Amazon and other outlets is a good result for Addae-Mensa.
“It is not an issue of Victory or Defeat. However, reading the social media, especially the notorious ghanaweb, one gets a different one sided and unhelpful impression.
“Happily, it is now all over and I am pleased that Tsatsu Tsikata and Marietta Brew were able to assist in arriving at such a sensible outcome especially since Addae-Mensah had never doubted the integrity or the impregnability of the reputation of Fugar”
Below is what The Herald, has obtained from the court, showing Prof. Addae-Mensah, admitted the inaccuracies and apologized.
