An Accra High Court has dismissed a GH¢10 million defamation case filed by former Finance Minister Ken Ofori-Atta against broadcaster Blessed Godsbrain Smart, widely known as Captain Smart, because the case was not actively pursued.
The court threw out the case, numbered GJ/0901/2023, on Tuesday, April 21, 2026. It relied on Order 36 Rule 1 (2) (b) of CI 47 to make the decision.
Justice Francis Obiri, who sat as an additional High Court judge, delivered the ruling.
He stated: “I will therefore invoke Order 36 Rule 1 (2) (b) of CI 47 and strike out the Plaintiff’s suit… for want of prosecution. And same is accordingly struck out.”
Reports from thelawplatform.com indicated that the plaintiff failed several times to move the case forward. The judge pointed out that the court had adjourned the matter many times without real progress.
“Per the records before the Court, the case is a part-heard. It has been adjourned about eighteen times. However, the Plaintiff has appeared in court only three times. The last time the Plaintiff appeared in court was May 20, 2024,” Justice Obiri explained.
The court also rejected a request for another adjournment. The plaintiff’s lawyer, Bright Okyere-Adjekum, had asked the court to continue the case without his client present, but the judge did not accept the request.
The case began after Captain Smart allegedly made defamatory comments during a television programme on Media General. In his lawsuit, Ofori-Atta claimed the broadcaster accused him of taking a share of funds from Ghana’s dealings with the International Monetary Fund (IMF).
The statements in question included: “Are you aware that Ken Ofori Atta has taken his 10% of the IMF money? And every loan we take, me takes 10%,” which Ofori-Atta described as “palpably false, absolutely fabricated… also deliberately calculated to disparage” him.
Justice Obiri explained the legal basis for the ruling, saying: “Under Order 36 Rule 1 (2) (b) of CI 47, where an action is called for hearing or continuation and the Plaintiff fails to attend Court, the Court can dismiss the action or strike it out for want of prosecution.”
The court struck out the case without awarding any costs to the defendants.
