High Court throws out Afenyo-Markin’s ¢15m defamation case against Sammy Gyamfi

Court Declares Writ Defective

The High Court’s General Jurisdiction 1 has dismissed a GH¢15 million defamation suit filed by Minority Leader Alexander Afenyo-Markin against Ghana Gold Board Chief Executive Officer, Sammy Gyamfi, after finding the writ incurably defective and incompetent. The court ruled that the defective writ could not properly invoke its jurisdiction, bringing the proceedings under the action to an end.

In arriving at its decision, the court relied on the case of Coleman v Newmont on the applicable procedural rule and Owusu Domena on the need to raise objections promptly.

Case Ends on Procedural Grounds

The court’s decision was based on the procedural validity of the action rather than the substance of the allegations made against Mr Gyamfi. As a result, the ruling does not determine whether the statements complained of were defamatory or whether the allegations against Mr Afenyo-Markin were true or false. The dismissal therefore brings the proceedings under the defective writ to an end without a determination of the underlying defamation claims.

Afenyo-Markin Announces Legal Action

Mr Afenyo-Markin announced his intention to pursue legal action in Parliament on August 24, 2026, following allegations of extortion made against him amid a dispute involving the Ghana Gold Board (GoldBod) and the Bank of Ghana’s Domestic Gold Purchase Programme.

The Minority Leader maintained that the allegations were false and intended to damage his reputation. His suit sought GH¢15 million in damages and also named Multimedia Group Limited as a defendant.

Dispute Over Service of Court Documents

The case subsequently generated disagreement over the service of the writ on the defendants Mr. Gyamfi authorised his lawyers, Ayine & Partners, to accept the court documents on his behalf. Mr Afenyo-Markin’s lawyers later indicated that service had been completed, rejecting claims that their client was avoiding the legal process. The disagreement over service formed part of the developments surrounding the case as the parties pursued their respective positions.

Ruling Brings Proceedings to an End

With the High Court finding the writ incurably defective and incompetent, the proceedings initiated by Mr Afenyo-Markin cannot continue under that writ. The ruling highlights the importance of complying with procedural requirements when instituting legal action.

However, the court’s decision does not settle the substantive dispute over the alleged defamatory statements, as its determination concerned the validity of the legal process rather than the merits of the allegations.