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FALSE! There was no mistrial in Anas-Kennedy Agyapong defamation suit in the US

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Claim: A Ghanaian opposition legislator, Charles Forson, has alleged that contrary to multiple media reports, a U.S. court did not award $18 million in damages to investigative journalist Anas Aremeyaw Anas in a defamation suit against former lawmaker Kennedy Agyapong.

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Charles Forson, the Tema Central Member of Parliament (MP), says that contrary to multiple media reports, a U.S. court did not award $18 million in damages to Ghanaian investigative journalist Anas Aremeyaw Anas in a defamation suit against former lawmaker Kennedy Agyapong.

Multiple media reports here, here, here, here, and here say that the Essex County Superior Court in New Jersey, U.S., awarded celebrated Ghanaian journalist Anas Aremeyaw Anas $18 million in damages in a defamation suit against entrepreneur and former legislator Kennedy Agyapong.

The journalist sued the businessman for a comment he made following Anas’s 2018 BBC investigation report highlighting corruption in Ghana’s football administration. 

The lawmaker labelled the investigative journalist a “criminal” and alleged he was behind the murder of Ahmed Suale, a colleague journalist in Ghana.

Anas lost a similar defamation action in Ghana in a judgment delivered on Mar. 15, 2023. Three years after filing the action in Ghana, he sued again in the U.S. in 2021, where the lawmaker has some properties.

Commenting on media reports about Anas’s legal victory, an opposition legislator, Charles Forson, said the entire story is untrue.

“He’s never won any case. The court hasn’t ruled. Our media space is filled with misinformation and fake news. It was a mistrial,” he said. 

He added, “You see the video that is making the rounds and listen to it. Once you watch it, at the tail end, you hear the judge telling them that it is a mistrial. It is a mistrial. You see, we are being fed an optic that some form of justice has been carried out.”

See the MP’s comment from minutes 0:05 to 1:44 of the video he shared on his X account on Mar. 19, 2025.

The social media data showed the video had over 191,634 views, 156 comments, 229 reposts, 2,123 likes and 267 bookmarks.

Reacting to the video, an X user, @MrGbontui, wrote: “Some of you take us as dumb ong…even the top lawyers are not commenting. You are here telling us it is a mistrial. Make you do end up doing a similar mistake mmom.”

Another X user, @xtill_Suriving, wrote: “Tema Central didn’t vote for u…u do aaahh come sit down, right now u want to come n disgrace us the TM ppl.. masa now u be our MP if u go out there wey u no go fit represent us wisely make u no go!!!”

DUBAWA decided to probe the claim due to its virality on social media in Ghana.

Verification

A mistrial refers to a trial that has not ended because of an error or problem during the process or because a fair verdict cannot be reached. 

When a judge declares a mistrial, the entire trial process must start anew to resolve the substantive dispute.

So, was there a mistrial in the Anas case against Kennedy Agyapong?

DUBAWA’s investigation revealed that the Essex County Superior Court in New Jersey awarded the Ghanaian investigative journalist $18 million after the defamation trial concluded. 

Contrary to the Tema Central Member of Parliament (MP) Charles Forson’s claim about a mistrial trial, no evidence supports that. 

A content analysis of the court proceeding showed that the New Jersey judge, Jeffrey B. Beacham, did not say there was a mistrial. 

“So, the court’s decision is at the end. The court is denying the question of a mistrial,” he said. 

Please see the Judge’s comment at the end of the defamation trial, from minutes 1:17 to 1:23 of the video Accra-based TV3 posted on YouTube.

DUBAWA’s research has confirmed that the former Ghanaian lawmaker filed a motion for a mistrial that the Essex County Superior Court has yet to determine. 

A member of the ex-lawmaker’s team at the Essex County Superior Court, Wofa Jerry, confirmed the filing of the mistrial motion.

If the Essex County court upholds the mistrial motion, the proceeding leading to the award of $18 million to ANAS will be nullified for a new trial.

Therefore, contrary to Mr Forson’s allegation, the Judge did not declare a mistrial in Anas’s defamation trial. 

In addition, reputable local and international media organisations, including the BBC, published the story. 

Conclusion

Contrary to the lawmaker’s claim, Ghanaian investigative journalist ANAS was awarded $18 million in damages against businessman Kennedy Agyapong after the conclusion of a defamation trial in New Jersey.

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