Lawyers for Alexander Afenyo-Markin say they will continue pursuing his defamation case against Sammy Gyamfi despite a High Court decision setting aside the writ and statement of claim over procedural defects.
In a statement dated October 14, 2026, Dehyena Chambers, representing Afenyo-Markin, said the former Minority Leader had instructed the firm to pursue the matter to its logical conclusion.
The High Court, General Jurisdiction 1, presided over by Justice Agyenim Boateng, set aside the writ after lawyers for Gyamfi raised a preliminary objection challenging the competence of the action.
Afenyo-Markin filed the suit on August 24, 2026, seeking GH¢15 million in general, aggravated and exemplary damages. He also asked the court to order Gyamfi to publish a full retraction and apology with the same prominence as the original publication.
The court’s decision centred on the failure to provide sufficient particulars of the alleged defamatory publication in the writ, as required under Order 57 Rule 2 of the High Court Civil Procedure Rules, C.I. 47.
In his ruling, Justice Boateng held that the omission made the action defective, relying on previous Supreme Court decisions on the requirements for defamation claims.
The judge also rejected an attempt to cure the defect through an amended writ, stating: “It is trite that an amendment cannot be granted or sought for the purpose of conflicting an objection to a process that is pending before the court.”
The court consequently set aside the writ of summons and statement of claim, making no order as to costs.
Reacting to the decision, Afenyo-Markin’s lawyers said they were yet to receive the full ruling to guide their next steps.
“As of 4:00 p.m., the Court Registry had not made a copy of the ruling available to us. We therefore await with bated breath for the ruling of the Court to determine the next cause of action as instructed,” the statement said.
The firm also questioned Gyamfi’s decision to challenge the suit on procedural grounds, arguing that he had previously made allegations against Afenyo-Markin and publicly claimed to have evidence to support them.
“We find it curiously troubling that Mr. Sammy Gyamfi, who made categorical allegations against Osahen Alexander Kwamena Afenyo-Markin, and publicly claimed to have evidence to substantiate them, and further challenged Osahen to sue, has chosen the path of procedural road blocks rather than file a defence,” the lawyers stated.
They further argued that procedural rules should not overshadow the substantive issues in litigation, citing the principle that “Justice should not be sacrificed on the altar of technicalities.”
The statement, signed by F. Paa Kwesi Abaidoo, solicitor for Afenyo-Markin, concluded with a pledge to continue the legal fight.
“We will not be deterred by procedural setbacks. The Mills of Justice grind slowly, but with great surety,” the firm said.
The court’s ruling addressed the procedural validity of the suit rather than determining the truth or otherwise of the underlying defamation allegations.
Afenyo-Markin’s legal team says it will decide on its next move after reviewing the written ruling.
