A High Court in Accra has dismissed an injunction application filed by the National Service Authority (NSA) against the Media Foundation for West Africa (MFWA) and its investigative journalism project, The Fourth Estate.
The case sought to prevent the publication of an investigative report detailing alleged corruption within the NSA.
The court’s decision followed a sudden withdrawal by the NSA’s legal team, led by Sam Okudzeto and Associates, who filed a notice of discontinuance before the MFWA’s lawyers could present their defence.
Lawyers for the MFWA, led by Samson Anyenini, had planned to challenge the injunction, describing it as frivolous, an abuse of the court process, and a form of Strategic Lawsuit Against Public Participation (SLAPP).
The MFWA argued that the NSA’s suit aimed only to secure a temporary injunction to stifle the report’s publication.
Following the NSA’s withdrawal, the court struck out the case and awarded a cost of GHC 6,000 in favour of the MFWA. Additionally, the court prohibited the NSA from refiling the case.
On December 2, 2024, the NSA obtained a 10-day ex parte injunction to block the publication of a series of investigative stories by The Fourth Estate.
The report was initially set to be released on December 3, 2024, but was delayed due to the court order.
The NSA argued that the publication could cause “irreparable harm” to its reputation if the allegations turned out to be false. Despite this claim, The Fourth Estate had provided the NSA an opportunity to respond to the issues raised during the investigation, including sending an official letter requesting an interview.
When the ex parte injunction expired on December 12, 2024, the NSA sought an additional injunction to further delay publication. However, their case did not hold, and their eventual withdrawal led to the court’s ruling in favour of the MFWA.
The court’s decision clears the way for The Fourth Estate to publish its investigative findings. The report, which has already drawn public interest, is expected to shed light on alleged corruption within the NSA.
This ruling has been hailed as a victory for press freedom and investigative journalism in Ghana. It underscores the judiciary’s role in protecting the media’s right to inform the public, even in the face of institutional resistance.