Kofi Bekai, a private legal practitioner, believes the Accra High Court verdict in the case of Deborah Seyram Adablah, the young woman who sued a former Chief Finance Officer of a bank for sexual harassment, was based on technicalities.
He explained that the court did not go into the merits of the case, but the matter was thrown out on technicalities.
He said this while answering a question on whether the former banker could file for dafamation against the young woman.
In his view, he stated that it depends on the man’s lawyers.
He said the man can sue for defamation if it is established that the young woman falsely linked him to the claims she made and filed in court.
Speaking on Nyankonton Mu Nsem on Rainbow Radio (87.5 FM), he said the damages will survive if the issues raised by the woman are false.
“But if they are true, then defamation will not stand. The case was thrown out on technicalities, but the merits of the case were not necessarily looked into. If he wants to go to court and sue for defamation, he must first establish that the allegations and claims made by the young woman were true. If you think that the allegations were false, you can sue for malicious prosecution.”
The High Court in Accra on November 28, 2023, dismissed the case filed by Deborah Seyram Adablah, the young woman who sued a former Chief Finance Officer of a bank claiming sexual harassment.
The court, in its ruling, held that although the relationship between the two was immoral and was not in conformity with the acceptance of society, there was no reasonable cause of action arising from the writ filed by Adablah.
The Court, presided over by Justice John Bosco Nabarese, noted that the foundation of the relationship was one that the Court should not be invited to give judicial stamps to, adding,
“You cannot recover the price of something you have committed into an immoral act.”
The plaintiff has been slapped with a cost of GH¢10, 000.
The ruling was delivered after the former Chief Finance Officer of the bank filed an application urging the court to strike the case of Adablah.
Deborah Seyram Adablah had alleged that Ernest Kwasi Nimako, whom she refers to as her “sugar daddy,” made several promises to her.
She claimed in her suit that Nimako agreed to buy her the car, pay for her accommodation for three years, provide a monthly stipend of GH¢3,000, marry her after divorcing his wife, and offer a lump sum to start a business.
She said that although the car was initially registered in Nimako’s name, he later took it back, depriving her of its use after just a year.
She also told the court that Nimako paid for only one year of accommodation, despite promising to cover three years.
In response, lawyer Bekai stated that a promise to marry cannot initiate a court action, but if there has been a significant investment where one party has invested with the other party to acquire land, a house, or any other material property, a court might come in and preside over the situation.
By: Rashid Obodai Provencal/Rainbowradioonline.com/Ghana