The Accra High Court has thrown out the Afenyo-Markin defamation suit against Ghana Gold Board (GoldBod) CEO Sammy Gyamfi, ruling that the Minority Leader’s writ failed to meet mandatory rules for libel actions.
In a decision anchored on Order 57 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the court held that a writ for libel must be “endorsed with sufficient particulars of the allegedly defamatory publication to enable it to be identified.” The judge stressed this was “not a mere technicality” but a binding procedural obligation for defamation cases.
Lawyers for Mr Gyamfi had entered a conditional appearance and moved to set aside the writ on precisely those grounds.
The court agreed, setting aside both the writ of summons and the statement of claim filed on August 24, 2026. No order as to costs was made.
How the Fight Began
The suit followed public sparring between the two men over alleged US$1.7 billion losses linked to the Bank of Ghana’s Domestic Gold Purchase Programme in 2025. Mr Afenyo-Markin raised concerns about the reported losses; Mr Gyamfi rejected the claims and later accused the Minority Leader of attempted extortion. Mr Afenyo-Markin responded with a defamation action.
The court examined Order 57 alongside other specialised provisions of C.I. 47 governing distinct proceedings, commercial claims, moneylenders and mortgage actions, insolvency, and concluded that category-specific rules must be obeyed to properly invoke the court’s jurisdiction.
Citing Supreme Court guidance, including Owusu Domena v Amoh, the judge noted that defects have, in some cases, been treated as cured by particulars in a statement of claim, typically where the defendant did not object and fully participated.
That was not the situation here. Mr Gyamfi’s team promptly challenged the process, and the judge found the missing particulars on the writ itself could not be repaired after the fact.
The court also leaned on the Supreme Court’s consolidated rulings involving Alex Onuma and others v Newmont, which underscore strict compliance with Order 57 Rules 2 and 3(1) in defamation matters.
What the Ruling Means
By finding that the writ lacked the required particulars of the allegedly defamatory publication, the court deemed the process defective and set it aside.
Practically, the ruling is a reminder that libel suits live and die by the endorsement on the writ; general pleading rules cannot be used to paper over gaps in a defamation action’s front page.
For now, the Afenyo-Markin defamation suit ends at the starting gate. The judge’s final word was brief but decisive: the writ and statement of claim are out, and there will be no order as to costs.
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