Galamsey Operation Saga: Tarkwa-Nsuaem MCE Sues Dompim-Pepesa Chief & Co For Defamation
Also cited on Monday October 17, 2022 lawsuit was Mr. Peter Tawiah from the Kwesimintim Zongo Mosque in the Western Region.
Freeman Koryekpor 
The Municipal Chief Executive (MCE) for Tarkwa-Nsuaem Municipal Assembly in the Western Region, Mr. Benjamin Kessie, has instituted a legal action against a rival claimant to the Dompim Pepesa Stool, Nana Nyowah Panyin IV, known in his private life as Nathaniel Dekyi for defamation after claims the DCE was involved in illegal small scale mining activities which was puporlarly known as galamsey operations.
Also cited on Monday October 17, 2022 lawsuit was Mr. Peter Tawiah from the Kwesimintim Zongo Mosque in the Western Region.
In the statement of claim, the MCE who doubles as the Chairman of Tarkwa-Nsuaem Municipal Security Committee (MUSEC), wants the two persons he has sued to retract and apologize to him with the same prominence as made by them in the media platforms.
Mr Kessie is pleading with the court to place an perpetual injunction, restraining the two defendants from making or publishing any further defamatory material about him [Plaintiff].
In addition, he further pleads with the court for the to ensure that the two defendants being paid the legal cost; and any other reliefs this honourable court deems fit.
The plaintiff in the case is a citizen of Ghana and the Municipal Chief Executive for the Tarkwa Nsuaem Municipal Assembly in the Western Region, Mr. Benjamin Kessie.
The first defendant is a resident of Dompim and a rival claimant to the Dompim Pepesa Stool in the Tarkwa Nsuaem Municipality in the Western Region, Nana Nyowah Panyin IV and the second defendant is a citizen of Ghana, a social commentator and resides at Kwesimintim in the Western Region, Mr Peter Tawiah
The plaintiff is a career politician who has over the past 25 years worked diligently to honestly serve the people of Tarkwa Nsuame first as an Assembly Member for over 12 years to become the Presiding Member of the Municipality for a period of three and half years from January 2017 to June 2020 when Plaintiff was made MCE of the Municipality.
The plaintiff pointed out that by reason of his commitment and sense of industry, he was made the President of National Association Local Authority for Western Region to become an executive member of that National Body.
A statement of case filed on behalf of the plaintiff by KORSAH & ACKAH @ LAW, ACCRA, a legal firm, the plaintiff noted that he has worked honestly as MCE since his appointment without any blemish to his reputation.
According to the plaintiff he is highly respected by many both locally and internationally since his appointment by His Excellency the President of the Republic of Ghana as NICE.
Plaintiff pointed out that his longstanding community service commenced from his youth activism with the ruling New Patriotic Party (NPP) and has continued to this present position as Municipal Chief Executive, and as a result, Plaintiff's sense of honesty, commitment, and industry to the people of the Tarkwa Nsuaem Municipality and Ghana as a whole is highly commendable.
Plaintiff asserted that his good name over the past 25 years, his sense of industry, commitments to his constituents and the people of his Municipality have earned him enomous social and political capital to propel him for higher positions in government and society in this country.
Plaintiff has by dint of hard work built a reputation for himself not only in his career as Public Servant but also in many other areas of life having worked with several institutions and his group of companies, all of which still hold Plaintiff in high regard.
Plaintiff pointed out that he has diligently worked with his team in accordance with the mandate of his office to fight illegal mining in the Municipality with considerable successes.
Plaintiff noted that defendants have connived to deliberately put out palpable fasehoods with intent to tarnish his reputation and to erode the social and political capital associated with Plaintiff's name.
Plaintiff averred that on or about Friday 7th October, 2022, 1 st Defendant hurled insults at him and made defamatory statements of and concerning Plaintiff on a live recorded interview on Accra FM as follows; "The Regional Minister, Othcere Darko, MP, Mirelcu Duker and MCE, Benjmnin Kessie are presently involved in galantsay (illegal Illining) activities in this area now! Now!! in the forest. They are destroying the forest reserve..."
Plaintiff indicated that that the 2nd Defendant's liability for the defamatory statements made about him on or about the 9th of September, 2022 should be assessed at Two Million Ghana cedis.
Plaintiff noted that on or about the 9th of September 2022, the 2nd Defendant posted on his social media page the following insulting and defmnatory words about the Plaintiff:
"Akon Community is just hanging, thanks to greedy bastards George Mireku Duker and Benjamin Kesse, whose "uncle" at mankessim has been arrested for murdering a nursing student for rituals...." he noted
According to the plaintiff, the defendants by hurling insults and making defamatory statements particularized above concerning plainly mean: Plaintiff is a lawless person; causing damage to preserved forest reserve that Plaintiffs office is supporting to protect, it was "leant to show that Plaintiff is dishonest and a fraudulent character.
Plaintiff says defendants have caused damage to his reputation and misrepresented his character with deliberate intent to lower his reputation before right thinking members of society.
According to the plaintiff the defendants made defamatory statements of and concerning him when Defendants have no evidence to support the statement but with the sole intent to lower Plaintiff's reputation in the eyes of right-thinking members of the society.
The plaintiff mentioned that averse the statements were made publicly and were and are entirely false and were made with malicious intent to damage Plaintiff's reputation.
The plaintiff pointed out that Defendants made these statements, the subject matter of this present suit, with malicious intent to publicly humiliate Plaintiff and destroy any progress of Plaintiff's career.
According to the plaintiff the defendants made these statements carelessly and recklessly, without lawful excuse or justification, and was calculated to injure Plaintiff's reputation, negatively impact Plaintiff's appointment as the Municipal Chief Executive by the President of the Republic of Ghana, and expose him to public ridicule and hatred.
The plaintiff avered that the defendants statements have lowered his reputation in the eyes of well-meaning and right-thinking people in the society and as a result, he has suffered great distress, embarrassment, emotional trauma, and damage to his reputation.
The plaintiff indicated that that the false and malicious statements by Defendants have injured the image of Plaintiff and brought his hard-won reputation into hatred, ridicule, obloquy, discredit, contempt, vilification, reproach, and has caused Plaintiff great distress and emotional trauma.
