In a notable legal development from Accra, a High Court has directed Professor Ivan Addae-Mensah to retract specific defamatory words made in his book, “My Life: A Historical Narrative,” following a consent judgment in a defamation lawsuit brought against him by William Edem Fugar.
The suit was prompted by allegations that Addae-Mensah’s narrative misrepresented facts about a legal case cited in the Ghana Law Reports of 1980, leading Fugar to demand the withdrawal of these statements and a formal apology from the author.
The litigation centered around the portrayal of the case Pennie & Another v Egala & Another, where the judgment issued by Cecilia Koranteng-Addow J. on April 20, 1979, reportedly favored the plaintiffs and resulted in an injunction against the second defendant.
Fugar’s legal action sought to correct what he perceived as a mischaracterization of events in Addae-Mensah’s recounting of this legal history.
In adherence to the terms of the settlement agreement, Addae-Mensah has consented to retract the contested words from his publication and issue an unreserved apology to Fugar.
Furthermore, the agreement stipulates that Addae-Mensah is to publish a retraction statement and remove the defamatory content in subsequent editions of his book.
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This retraction will be publicized through a quarterly advertisement in the Daily Graphic, ensuring widespread dissemination of the correction.
By complying with these conditions, Fugar has agreed to absolve Addae-Mensah from further legal claims related to the defamation issue, signaling a comprehensive resolution to their dispute.
The settlement terms, recognized and enforceable as a consent judgment by the High Court, reflect a mutual agreement to amend or vary the provisions solely through a written agreement executed by both involved parties.
This case underscores the importance of accuracy and accountability in autobiographical works, particularly when referencing legal matters and historical events.
It also highlights the legal recourse available for addressing and rectifying defamation in published materials.
The settlement, facilitated by legal representation from both parties, including Tsatsu Tsikata and Marietta Brew for Fugar and Azanne Kofi Akainyah for Addae-Mensah, effectively closes the chapter on this legal confrontation, setting a precedent for future disputes of a similar nature.
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