The Supreme Court in Essex County, New Jersey, has significantly reduced the $18 million in damages initially awarded by a jury in the Essex County Superior Court to just $500, ruling that Anas Aremeyaw Anas failed to prove actual damages.
Tiger Eye P.I. investigative journalist Anas Aremeyaw Anas confirmed and responded to the ruling, stating that he is satisfied the court upheld the defamation claim. He emphasized that his pursuit is not about monetary gain but about truth and justice, vowing to continue his mission to “name, shame, and jail.”
According to the lawyers representing former Assin Central MP Kennedy Agyapong and media personality Frederick Asamoah, the original $18 million award violated the Model Civil Jury Charge applied at trial, U.S. Supreme Court precedents on defamation damages, and New Jersey state laws that limit punitive and nominal damages.
The court found that Anas did not demonstrate actual harm to his reputation. As a result, under the law, only nominal or presumed damages could be awarded. The court thus granted Agyapong’s request to reduce the damages to $500.
The lawsuit, filed on May 17, 2022, was initiated by Anas and accused Agyapong and Asamoah of making defamatory statements during an episode of The Daddy Fred Show, an online program widely followed by the Ghanaian diaspora in the United States.
During the broadcast, Agyapong allegedly made a series of false and damaging claims about Anas, including calling him a criminal and a thief, and alleging his involvement in the murder of journalist Ahmed Suale.
Suale, a key member of Anas’ investigative team, was shot and killed in 2019 following the release of Number 12, a documentary exposing corruption in Ghanaian football.
Following the jury’s award of $18 million, comprising $5 million in actual damages, $5 million in presumed damages, and $8 million in punitive damages, Anas’ legal team filed a motion to increase the amount. However, Agyapong’s lawyers countered that the request had no legal basis under New Jersey case law and should be dismissed.
In a motion to “mold” or modify the jury’s award, Agyapong’s legal team argued that the $18 million in punitive damages was erroneously granted and violated New Jersey law. They contended that Anas’ motion to increase what they described as an “imprudent” award should be denied and that the amount be adjusted to $500, which is consistent with state law.
Agyapong’s lawyers cited the New Jersey Supreme Court’s decision in W.J.A. v. D.A., which states that in defamation cases where no actual harm is proven, only nominal or presumed damages may be awarded, and such awards cannot be combined with actual compensatory damages.
The Court ultimately concluded that Anas had not proven actual harm to his reputation as a result of the alleged defamatory remarks. Consequently, he was not entitled to actual or punitive damages. Although the jury claimed to award a combined $18 million, the legal principles governing defamation cases limited Anas to a maximum of $500 in presumed damages.
As a result, the Court upheld the motion to reduce the award to $500