Crime

High court rejects Atiwa Mce Ernest Owusu Ntim’s bid to restrain commentary on alleged galamsey activities

The Koforidua High Court on Wednesday 15th July 2026, dismissed an application filed by Ernest Ntim Owusu the District Chief Executive of Atiwa East (DCE) brought against one Daniel Ansah a.k.a. Abeiku, a Town Planning Committee Chairman of Ankaase-Gyadam in the Atiwa East District and Asaase Broadcasting Company (Asaase Radio).

 

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By the application the DCE sought an injunction against Abeiku and Asaase Radio to prohibit him (Abeiku) from making allegations or statements and publications concerning the DCE’s alleged involvement in Galamsey.

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Arguing the motion, Counsel for the DCE urged the Court to restrain Abeiku from making further comments or publications which, according to the DCE, were uldefamatory of him, since he (Abeiku) had not produced any evidence.

 

In his response, Counsel for Abeiku after showing the Court damning videos of alleged destruction of land by the galamsey activities of the DCE, urged the Court to reject the arguments of the DCE on the grounds that no court had held the statements of Abeiku to be defamatory and that being the case, it would be an affront to the right to free speech of Abeiku who cannot  exercise his right to free speech.

 

According to the  Counel the case is in the public interest to know the unlawful  galamsey activities that the Dce  had been spearheading within the  District and therefore  Abeiku should be allowed to exercise his constitutional  rights without impediment.

 

He added that until it is clear that an alleged libel is untrue it is not clear that any right at all has been infringed.

 

In her ruling on 15th July 2026, the presiding judge, Justice Arit Nsemoh held that the DCE failed to set out the particular statements claimed to be defamatory and for which he sought Abeiku to be restrained.

 

She added that it would be a bad precedent to restrain Abeiku when the court has not yet determined the statements to be defamatory.

 

Consequently, the Court dismissed the DCE’s application.

 

Stay tuned.

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