How a case involving Hilla Limann sparked a defamation dispute against Professor Ivan Addae-Mensah

Details have surfaced regarding the alleged defamatory statements contained in Professor Ivan Addae-Mensah's autobiography titled "My Life," sparking a potential legal battle.

The renowned academic finds himself at the centre of controversy as lawyers representing Mr. William Edem Fugar, a prominent legal practitioner, have issued a demand notice expressing deep concerns over false statements made in the publication.

In his book, Prof Addae-Mensah alleged that the renowned lawyer "abandoned" clients who were the plaintiffs and members of the People's National Party in a case titled Pennie & Another v Egala & Another.

In the case, the PNP's disgruntled members contested the party's initial decision to declare Dr. Hilla Limann as its presidential candidate and Imoro Egala, the party's founder, as chairman without a vote.

"Counsel for the plaintiffs, Mr Willie Fugar abandoned the case and his clients on 11th April. The case was therefore thrown out when it came up for hearing on April 17," excerpts from page 415 of Prof Addae-Mensah read.

However, in a notice of demand copied GhanaWeb, counsel for Fugar challenged Addae-Mensah's assertion that Fugar abandoned the case, resulting in its dismissal.

The legal practitioners vehemently insisted that their client went through the "requisite procedural stages of determination, including trial, and judgement was delivered by Cecilia Koranteng-Addow J. on April 20, 1979".

"'Judgement for the plaintiffs. Order of injunction against the second defendant'" the lawyers quoted the last two brief sentences at the end of the judge's report to also prove that the case was not thrown out either as "emphatically and confidently" asserted by the Professor.

Following the above, the demand notice accused Professor Addae-Mensah of causing damage to Mr. Fugar's longstanding reputation as a legal practitioner of high repute, both nationally and internationally. The lawyers stated that the false imputations have portrayed Fugar as a "negligent and carefree lawyer", tarnishing his professional standing.

As a result, they have requested that the disparaging remarks from the autobiography be taken down and that Mr. Fugar receive an unqualified apology within seven days.

Furthermore, the lawyers demanded the publication of the retraction and accompanying apology in two editions each of the Daily Graphic and the Ghanaian Times.

"We also demand that you send us the same time frame, your proposal for a credible plan to remove from circulation all copies of the book containing the said defamatory imputations with the printers, publishers, bulk distribution points online outlets and other locations reasonably within your control, and immediate action to carry out the said plan," the statement added.

They threatened that "failure to comply with these demands within the stipulated time frame, as per the notice, may lead to legal action against Professor Addae-Mensah, the publishers of the book, and other parties involved in the book's circulation.”

Below is the quoted Publication from Page 415 of the book:

“...They argued in their statement of claim that since Egala could not be elected as a member of parliament, he could not be a party Chairman either.

They also contended that Limann's nomination by the central committee was without authority. But the question was whose authority? The party's constitution clearly mandated the Central Committee to nominate and vote for a candidate to be later presented to congress. Hearing of this second suit was set for April 9th. Alhaji Egala was represented by lawyer J.K. Offeh.

At the first hearing the case was fixed for further hearing on April 17th by the presiding Judge Justice Cecilia Koranteng-Addow, who accepted counsel's argument for early hearing.

She said that since 23rd April was the closing date for presidential and parliamentary candidates to file their nomination papers, equity, natural justice, and good conscience required that the case be heard before 23rd April.

She asked counsels for the plaintiffs and defendants to file their pleadings by the date of hearing. But the plaintiffs did not abide by the court's order.

Counsel for the plaintiffs, Mr Willie Fugar abandoned the case and his clients on 11 April. The case was therefore thrown out when it came up for hearing on 17th April.

Interestingly, on 18 April, the candidate who was supported by Botsio and others against Limann, Dr R.P. Baffour, probably sensing that attempts to use the courts to get him the PNP nomination had failed, announced that he was going to contest the presidential elections as an independent candidate.

The court case had left the party very few days to get organised, have a congress to nominate its candidates and meet the deadline of 23rd April for candidates to file their nominations. Fortunately, there had been serious planning behind the scenes to meet any eventualities.

The extraordinary national congress in Kumasi eventually took place during the weekend of 20th to 22nd of April 1979. Even though Limann was the sole candidate for the Presidential Candidacy, the Central Committee had decided that there should still be a secret ballot, so that anyone who still had a dissenting view about his”.

NAY/NOQ