Court Rules for Volta River Authority, CEO

An Accra Fast Track High Court, presided over by Justice (Mrs.) Agnes Dordzie, yesterday stated that no "seemingly libellous and damaging" stories should be published against the VRA and its boss until the final determination of the substantive case before the court.

The order does not however stop The Chronicle from making publications about the VRA and its chief executive so far as the publications are factual and precise.

According to the judge, even though The Chronicle is exercising the right to freedom of speech enshrined under the Constitution to publish issues of national interest, it should do so by publishing facts.

A cost of ?2 million was therefore awarded against the newspaper. Dr. Wereko-Brobby had jointly and severally initiated a legal suit against The Chronicle, its editor, A.C Ohene, and a staff writer, John Bediako, for publishing disparaging, offensive and libelous words, which are defamatory to him and the VRA.

He is demanding damages to the tune of ?1 billion but before a restraining order seeking perpetual injunction on The Chronicle could be determined by the court, Wereko Brobby had on the same relief sought under the first application, issued another suit and claiming an additional ?1 billion for libel.

Counsel for Wereko-Brobby and VRA, Mr. Kofi Aboagye, had argued before the court that stories captured with headlines like "Conspiracy at TOR, Go to Hell! Tarzan.

Please make our day. Sue us today, Chief Executive Officer's empire breeds uneasy calm, Sell power to Burkina Faso, VRA workers to swear oath of secrecy, VRA/CEPS in tango over ?1.4 million fuel tax, SRP project becomes a vampire and SRP and Gulf Stream contracts are the same," which were made available globally through the paper's website were meant to discredit and defame his personality and that of the VRA.

Counsel had further argued that all the publications made by The Chronicle were false and unjustifiably libelous, which were geared towards bringing his client's name and office into disrepute.

Counsel for The Chronicle, Mr. Shadrack Arhin, contended that the headlines complained about by the VRA boss do not amount to libel and prayed the court to ignore the application filed by Wereko-Brobby for a perpetual restraining order against the newspaper.

Mr. Arhin said it was not it right for Wereko-Brobby to go to town against The Chronicle while he was pleading for an injunction against the newspaper, which is before the court. "It amounts to contempt," Mr. Arhin said, "How can such a party ask for an equitable remedy?"

Counsel told the court that Wereko-Brobby and the VRA had made other publications in the Daily Graphic and other newspapers that are far more scandalous than what The Chronicle had published while they knew that the issue was before the court for determination.

On the ruling itself, Counsel expressed dissatisfaction because new matters that were not before the court were introduced.

Fro example, The Chronicle publications of 25, 26 and 27 that touched on the Christie's Sewing Industry saga were issues that had not been addressed in court.

Arhin said he would have been happier if he had been given the chance to address those issues. He contemplated making an appeal.

Mr. Kofi Coomson, who was in court himself to represent the paper, said he was not complaining but looking forward to the real substantive action, noting that the court had not restrained The Chronicle from publishing factual matter "even if it offended Dr. Wereko-Brobby."