A High Court in Accra has ordered former Black Stars captain, Asamoah Gyan, to pay 50% of a GH¢1 million judgment debt awarded against him for malicious prosecution.
This decision follows Gyan’s request for a stay of execution as he seeks to appeal the judgment.
Gyan is to pay the money within 30 days.
On December 8, 2023, the Court, presided over by Justice Ernest Owusu-Dapaa, ruled in favour of entertainment journalist Osarfo Anthony, awarding him over GH¢1 million in damages.
Anthony had filed a case of malicious prosecution against Gyan and his manager, Samuel Anim Addo, after being acquitted of extortion charges related to an alleged rape incident involving Gyan and Sarah Kwablah.
Despite the judgment, Gyan and his lawyers filed for a stay of execution and a notice of appeal almost five months later.
On May 8, 2024, Justice Owusu-Dapaa granted the stay of execution pending the appeal but stipulated that Gyan must deposit half of the judgment amount with the court’s registrar within 30 days, excluding weekends and public holidays.
The Court directed that the deposited funds be invested in a Government of Ghana 182-day Treasury Bill on a rollover basis until the appeal is resolved. Justice Owusu-Dapaa emphasized that this arrangement is fair to both parties, ensuring that Anthony is protected from the risk of non-payment should Gyan lose the appeal, while Gyan can recover the funds if he succeeds.
The court further warned that if Gyan fails to comply with the order within the stipulated time, Anthony may proceed with full execution of the judgment debt.
The case stems from an incident in which Gyan and Anim Addo caused the arrest and prosecution of Anthony for extortion. Following Anthony’s acquittal, he sued for malicious prosecution, claiming the charges were baseless and intended to protect Gyan’s image during a transfer negotiation to a Chinese club.
Justice Owusu-Dapaa held that the prosecution was malicious and based on falsehoods, leading to the substantial damages awarded to Anthony. The total judgment amount included GH¢900,000 in general damages, GH¢111,000 for lost wages over 111 months, and GH¢60,000 in legal costs.