WRIT OF SUMMOI\S

(Order 2 rule 3(l))

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sS.( IrY
IN THE HIGH/CIRCUIT COURT OF JUSTICE
.. G.EN ERAL J URTSDIC.TJ O.N
BETWEEN STEPHEN KWABENA OPUNI
NO.s, PASEO DE ESI
AIRPORT HILLS, ACCRA Plaintiff *
AND ALL OF DAILY GUIDE HEAD OFFICE
2ND ruRN LEFr opposlrE N|MA
1. FORTUNE ALtMt NIMA' AccRA 'qjgF.rrBJir?t
to owusu
2. wrLLrAM YAW
3. wESTERN puBLtcATtoNS LtMtrED
6;;;;*il;friea again't y8,f6YttLYlt Bt?tt?5Wi?fby the above-
aN [cr.r"ol+'ffi,'i;s
namedPlaintirr'
srEpHEN KWABENA opuNI
YOU ARE HEREBY COMMANDED that within EIGHT DAYS after service of this writ
on you inclusive ofthe day ofservice you do cause an appearance to be entered for you.
1. FORTUNE ALIMI 2. WILLIAM YAW OWUSU 3. WESTERN PUBLICATIONS LIMITED

AND TAKE NOTICE that in default of your so doing, judgment may be given in your
absence without further notice to you. 1. FORTUNE ALtMt 2. W1LL;AM yAW OWUSU
3. wESTERT{ pueticnroNS LtMrrED
Dated this ' ''. : dav of APRIL 200.1fr

Chief of Ghana

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WHEREFORE, Plaintiff claims against the Defendants jointly and severally for: --l

a) General Damages for libel contained in Monday April 9th 2018 article of the Daily
Guide Newspaper which contained the following:- 'Opuni 'Gambles'with
GH(6On Cocoa cash"It rs turning out that the former Chief Executive Officer
(CEO) of Ghana Cocoa Board (COCOBOD) Dr. Stephen Kwabena Opuni allegedly
gave authorZation for subsidiaries of the Board to invest huge amounts of cocoa
cash into what looks like unprofitable ventures.

One of the subsidiaries of COCOBOD Cocoa Marketing Company Limited (CMC),

whose board was chaired by Dr. Opunr, invested heavily in priuate frnancial
institutions, as well as micro frnance institutions in clear breach of its policy
where almost GH(60 mil/ion appears to have gone down the drain.

Committee Report

A report of an Ad Hoc Committee set up by COCOBOD to investigate trade and

investment irregu/arities that occured at CMC Limited between 2014/ 2015 to
2015/ 2016 sighted by DAILY GUIDE made shocking revelations about how the
previous Opuni- led administration wasted cocoa money on non' banking
financial institutions, some of which never returned the investments to the state
like a Ponzi scheme.
The non-frnancial institutions, who were benefrciaries of the CMS Limited's
'benevolencei included Eclipse Investment, Corporate Hill Investment, Express
Savings & Loans, Ideal Finance, CDH Investment, Hodidi Microfrnance and ASN
Financial Seruices.

Three bigwigs at CMC, including its former MD Bennett Akantoa, Dr Edem

Amegashie- Duvon (deputy MD) and John Odametey, deputlt MD Finance, were
put under investigation' published by 1", 2nd and 3'd Defendants on the front
page and page 3 respectively of the issue of the DAILY GUIDE newspaper dated
the said 9th day of April, 2018.

b) A perpetual injunction restraining the Defendants jointly and or severally either

by themselves or their agents or assigns from further publishing or causing to be
printed, published and or distributed the said defamatory words and or similar
words.

c) Exemplary damages of GH12,000,000.00 (Two million Ghana Cedis).

d) Costs, inclusive of counsel's fees.

e) A retraction and apology in Defendants' newspaper with the same prominence as

the publications of the 9th day of April, 2018 together with 4 publications on the
front and back pages of the Daily Graphic Newspaper for 4 consecutive weeks.

D4TFfl/{ LAW TRUST COMPANY, NO. 27, CASTLE ROAD, ADABRAKA, THE
i nrv DAY OF APRIL 2018.
l- s4tl-uq!-Y D'OE
tAW T
P.0. Boxgt 14
TEL: 020811 1511792
LAWYER E PLAINTIFF
SOLICITORS NUM.15415/18
 IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT
ACCRA-A.D. 2018

$
$
rTri Ierf
STEPHEN KWABENA OPUNI T
lt
NO. 5, PASEO DE ESI t;

AIRPORT HILLS, ACCRA fv PLAINTIFF

t

VS

1. FORTUNE ALIMI
2. WILLIAM YAW OWUSU
3. WESTERN PUBLICATIONS LIMITED DEFENDANTS
ALL OF DAILY GUIDE HEAD OFFICE
2ND TURN LEFT OPPOSITE NIMA POLICE STATION
NIMA , ACCRA
(PLAINTIFF WILL DIRECT SERVICE)

STATEMENT OF CLAIM

1. Plaintiff, a Ghanaian national, was the Chief Executive Office of COCOBOD from
December, 20t3 to January 20L6, prior to this appointment, Plaintiff had been
Chief Executive of the Food & Drugs Board from April, 2009 to November, 2013.

2. Plaintiff, a Consultant, Trauma and Reconstructive Surgeon, states that before

occupying the positions of Chief Executive Officer in COCOBOD and the Food &
Drugs Authority, he was the head of the Accident and Emergency Depaftment of
the Komfo Anokye Teaching Hospital in Kumasi. Plaintiff states further that he
specialized as a Trauma and Reconstructive surgeon at the Trauma and
Reconstructive Department of University of Ulm, Germany.

Plaintiff says that by virtue of the fact that of the positions he has occupied, he is
well known both in Ghana and internationally as a man who is not reckless, not
incompetent and also as a man of virtue.

4. l't Defendant is the editor of the "Daily Guide"' newspaper,Znd Defendant is a

columnist and an employee of the 3'd Defendant. 3'd Defendant is the Publisher
of the Daily Guide Newspaper.

5. Daily Guide newspaper is a daily newspaper which has nationwide coverage and
is read by a large cross section of the Ghanaian public and it has a presence in
it
all the regions of Ghana. By virtue of the fact that is on the internet,
(www.dailyguideghana.com) it has a global reach.
6. plaintiff says that on the front page of Monday the 9th day of April, 2018 edition
of the Daily Guide Newspaper, Defendants and each of them caused to be
printed and published under a screaming headline with a color photograph of
plaintiff, and boldly written in white letters under a dark background the
following defamatory words about Plaintiff 'Opuni 'Gambles'with GHOfiOM
Cocoa Cash see stories on pages 3/ 6 A 7,

7. On page 3, Defendants further published and caused to be published the

following defamatory words :

'It is turning out that the former Chief Executive Officer (CEO) of Ghana Cocoa
Board GOaOBOD), Dr. Stephen Kwabena Opuni allegedly gave authorization for
subsidiaries of the Board to invest huge amounts of cocoa cash into what looks
like unprofitable ventures.

One of the subsidiaries of COCOBOD, Cocoa Marketing Company Limited (CMC),

whose board was chaired by Dr. Opuni, invested heavily in priuate frnancial
institutions, as well as micro finance institutions in clear breach of its policy
where almost GHO60 million appears to have gone down the drain.

Committee Repoft
A report of an Ad Hoc Commiffee set up by COCOBOD to investigate trade and
investment iryegularities that occured at CMC Limited between 2014/ 2015 to
2015/ 20i6 signteA by DAILY G|LIDE made shocking revelations about how the
prewous Opini- led administration wasted cocoa money on non- banking
financial institutions, some of which never returned the investments to the state
like a Ponzi scheme.

The non-financial institutions, who were beneficiaries of the CMS Limited's

'benevolencei included Eclipse Investment, Corporate Hill Investment, Express
Savings & Loans, Ideal Financq CDH Investment, Hodidi Microfinance and ASN
Financial Seruices.

Three bigwigs at CMC including its former MQ Bennett Akantoa, Dr Edem

Amegashie- Duvon (deputy MD) and John Odametey, deputy MQ Finance, were
put under investigation'.

B. plaintiff says that the words in the headline on the front page of the Daily Guide
newspapei of the 9th day of April, 2018 together with the words contained on
page 3 of the said publications particulars of which are contained in paragraph
b lnO 7 (supra) meant and were understood to mean that: a) Plaintiff is an
incompetent person who has caused COCOBOD to lose almost GH060 million
Ghana Cedis, b) he has engaged in acts'in clear breach of policy' meaning he
did not follow the policy of COCOBOD and therefore acted inappropriately, c)
plaintiff was reckless with the funds of COCOBOD and wasted money of
COCOBOD.