High Court Issues Permanent Gag Order on Investigative Journalist, Awards GH¢10,000 Costs
A High Court in Accra, sitting as a Human Rights Division, has imposed a perpetual injunction on freelance investigative journalist Innocent Samuel Appiah, restraining him from publishing or disseminating allegations against a private individual, Cynthia Adjei.
The court, presided over by Justice Nana Brew, also awarded costs of GH¢10,000 against the journalist after finding that his actions amounted to a breach of the plaintiff’s right to privacy.
The ruling bars Mr Appiah from pursuing or publishing any investigative reports, commentary or related material connected to the subject matter of the case, whether directly or indirectly, across all media platforms, including print, broadcast and digital outlets
Delivering the judgment, Justice Brew noted that although press freedom is guaranteed under the Constitution, it is not absolute and must be exercised within the confines of the law. He stressed that journalists have a duty to act responsibly, particularly where the rights, privacy and reputation of individuals are at stake.
The court further advised that allegations of criminal conduct uncovered in the course of investigative work should be referred to appropriate state institutions such as the Economic and Organised Crime Office (EOCO) and the Ghana Police Service, rather than being unilaterally published.
While the court declined to award damages to the plaintiff, it held that the journalist’s conduct exposed her to reputational harm. The injunction was therefore granted to prevent further injury, with the award of costs reflecting the seriousness of the breach.
Background to the Case
In June 2025, the court granted an interlocutory injunction in favour of Cynthia Adjei, the Chief Executive Officer of Lysaro Group, preventing Mr Appiah from publishing a report on alleged unethical practices and possible conflicts of interest involving the company.
The legal action followed the journalist’s submission of a questionnaire to Mr and Mrs Adjei, seeking clarification on issues relating to Lysaro Group’s business activities, including land acquisitions, contract awards and tax compliance. Rather than respond to the questions, Mrs Adjei sought a court order to block the anticipated publication.
In granting the initial injunction, the court cited the need to protect the plaintiff’s fundamental human rights and noted that the balance of convenience favoured her, as damages would not adequately remedy any harm arising from publication.
Mrs Adjei has consistently maintained that she is a private individual who has never held public office. However, the journalist argued that her husband’s previous roles as Group Chief Finance Officer and acting Managing Director of GOIL Ghana Plc, as well as Board Chairman of the Students Loan Trust Fund, rendered her a politically exposed person due to alleged business dealings involving state institutions.
Mr Appiah maintained that he did not publish any article against the couple and had only posed questions as part of standard journalistic verification procedures prior to publication.
The ruling has generated debate within media and legal circles, with some stakeholders expressing concern about its implications for investigative journalism, while others say it reinforces the need for responsible and lawful reporting.
