Breaking: NAM 1 Sues UTV & Kwame A Plus

Kwame A Plus and Dr Osei Kwame Despite's United television has been dragged to court by Menzgold CEO Nana Appiah Mensah known in Ghana as NAM through his lawyers.

STATEMENT OF CLAIM

1. The Plaintiff is a Ghanaian and a successful Businessman, reside at Trasacco Valley Phase 3, East Legon, Accra.

2. The 1st Defendant is a popular Ghanaian Hiplife Artist and a Regular Guest on United Show Biz, the biggest Entertainment show aired on United Television every Saturday 9pm.

3. The 2nd Defendant is a private Free-to-air Broadcaster, a media company registered under the laws of Ghana, which is jointly owned by Dr. Ernest Ofori and Dr. Kwame Despite owners of U2 Company Limited.

4. The Plaintiff repeat paragraph 2 of the Statement of Claim and says that the 1st Defendant is also a social media influencer with large following and has been using his social media platform to insult, attack his political opponent as well as undermining the authority of the State.

5. The Plaintiff repeat paragraph 1 of the Statement of Claim and avers further that he (the Plaintiff) is not only an accomplished and successful



Businessman but has won several Business and Executive Award to his credit.

6. The Plaintiff says his contribution to National Development in supporting the Creative Art, Sports development and the support of the Ghanaian economy cannot be overemphasized.

7. The Plaintiff says in 2018 one of his numerous companies, namely Menzgold has issue with the Regulators and had to suspend operation.

8. The Plaintiff says the State had filed criminal charges against him and currently the matter is pending before the Financial Court 1, High Court, Accra.

9. The Plaintiff says in his attempt to refund monies invested in his company he caused a publication to be made for a verification of his customers in order to ensure effective and efficient payment process.

10. The Plaintiff further says that he deposited an amount of 2.5 million Ghana Cedis to the Police to ensure safe and peaceful disbursement of the money to his customers.

11. The Plaintiff says on the 26th day of August 2023, the 1st Defendant, who was a guest on the United Show Biz sharing his thoughts in connection with the Plaintiff verification cards state among other things that the Plaintiff is a fool and a criminal.

12. The Plaintiff says the 1st Defendant made the following defamatory statement of and concerning the Plaintiff on live TV as follows: "NAM1 shouldn't be allowed to be walking around and misbehaving and doing all of these things but they cannot arrest him because they (Government) are thieves......... that guy is a criminal" he fumed.

13. The Plaintiff says the 1st Defendant went ahead and says that the authorities must throw the Plaintiff into prison stressing and state: "he (the Plaintiff) is fooling too much".

14. The Plaintiff says that the 2nd Defendant provided the 1st Defendant the platform to published the defamatory statement about and concerning the Plaintiff.

15. The Plaintiff avers further that the 2nd Defendant on it X handle (formerly Twitter) posted the video where the 1st Defendant made the said defamatory statement about and concerning the Plaintiff with the following caption: "NAM1 is a criminal he should not be allowed to walk around misbehaving @Kwameaplus".
6/7

16. The Plaintiff avers that the upshot of the 1st Defendant statement pleaded under paragraph 12 and 13 in terms of the national and ordinary meaning are that:

a) The Plaintiff has been convicted of a crime and has a criminal record, hence a criminal.

b) The Plaintiff is unwise and a silly person, stupid and brainless person.

c) That the Plaintiff as a businessman has a criminal record and convicted of a crime, hence not qualified to operation a business or own a business.

17. The Plaintiff says the said defamatory statement has been published all over social media platforms, and on 2nd Defendant social media platforms as well as blogging site of bloggers in the country.

18. The Plaintiff says his business partners, friends, family has read the said defamatory matter and has been calling to find out whether he has been convicted of any crime in Ghana.

19. The Plaintiff says he has suffered greatly in his reputation as a successful businessman in the eyes of right thinking member of the society as well as in the eyes of his business associate and partners worldwide.

20. The Plaintiff shall contend through his counsel that by referring to him as a fool and a criminal is actionable perse.

21. The Plaintiff says that the publications were made with malicious intention, the reason being the 1st Defendant who claim to be a law student knows and ought to have known that the Plaintiff has not been convicted of any crime to refer to him as a criminal.

22. That the Plaintiff says the 2nd Defendant maliciously allow the 1st Defendant to publish the said defamatory on his platform without making any disclaimer or cause to 1st Defendant to retract the said statement during the live show.

23. The Plaintiff says the 1st Defendant when confronted by Bulldog on one of their live show on United Show Biz repeated the said defamatory statement and insisted that the Plaintiff is a criminal in a violent form.

24. The Plaintiff shall contend in law through his counsel that the statement made by the 1st Defendant by referring to the Plaintiff as a criminal is a clear violation of Plaintiff constitutional right to fair hearing and the presumption of innocence as enshrined under Article 19 (2) of the 1992 Constitution.

25. The Plaintiff says the 1st Defendant and 2nd Defendant will never stop publishing such defamatory matter concerning the Plaintiff unless restrain by this court.

WHEREFORE the Plaintiff claim jointly and severally against the Defendants as follows:

1. A declaration that the statement made by 1st Defendant on the 26th day of August 2023 on United Show Biz to the effect that the Plaintiff is a fool and a criminal as pleaded under paragraph 12 and 13 of the Statement of Claim is defamatory of Plaintiff.

2. General damages/Exemplary damages of One Million Ghana Cedis (GHC1,000,000) against the Defendants for defaming the Plaintiff.

3. General damage of One Million Ghana Cedis (GHC1,000,000) against Defendants for the breach of Plaintiff constitutional right of fair hearing and presumption of innocence under Article 19(2) of the 1992 Constitution.

4. An order directed at Defendants to retract and pull down such defamatory statement concerning the Plaintiff on their social media platforms.

5. A perpetual injunction against the Defendants from repeating and further publishing such defamatory statement against the Plaintiff.

6. Cost including legal fee.

7. Any further orders that the court may deem fit.

DATED AT HERITAGE LAW FIRM EAST LEGON THIS 16TH DAY OF NOVEMBER 2023

Lawyer Mempaw MK Ampaw Solicitor Licehse No. eGAR 0173/23

THE REGISTRAR HIGH COURT HUMAN RIGHT DIVISION ACCRA AND COPY TO THE DEFENDANTS HEREIN