Files Appeal Challenging Contempt Conviction and Gag Order
By Gifty Boateng
The Managing Editor of The Herald newspaper, Larry Alans Dogbey, has filed a Notice of Appeal challenging his 7-day imprisonment for contempt, in a case that has become a landmark test of press freedom and judicial authority in Ghana.
The 9-page document, filed at the Court of Appeal by his lawyer Peter Okudzeto, cites Kevin Okyere and Springfield Exploration and Production Limited as respondents, with Prime Mark Company Limited and Abdul Razak Bawa named as co-defendants. The appeal seeks to overturn both the contempt conviction and the interlocutory injunction that barred publication of material concerning Okyere.
Dogbey was sentenced on 25 June 2026 by Justice Isaac Addo after publishing a petition by Switzerland-based Petraco SA alleging fraud exceeding US$90 million involving Okyere and others. He was granted bail the following day pending appeal.
The appeal, filed on 1 July, advances 13 grounds and seeks six reliefs, including an order setting aside both the conviction and the interlocutory injunction issued on 11 June 2025. The central argument is that the injunction constituted an unconstitutional prior restraint on freedom of expression, violating Articles 162 and 165 of the 1992 Constitution.
The appeal documents argue that Justice Addo erred in applying an injunction that barred “statements intended to undermine and tarnish” Okyere’s reputation before any judicial determination that the publications were defamatory. “This amounts to him prejudging the substantive defamation claim,” the documents state.
The wording of the order, the appeal argues, was vague and left room for personal interpretation. Significantly, the documents note that the judge himself admitted at page 20 of his judgment that the wording was “vague” yet proceeded to convict the journalist.
Dogbey maintains that the publications were made in the public interest, concerning Ghana’s oil and gas resources, and were based on credible official sources including an EOCO petition, a Ministry of Energy letter, and UK court documents. He argues that the judge erred in shifting the burden of proof onto him to demonstrate the truth of his publications.
“The judge demanding the Applicant to prove the truth in the publications amounts to reversing the burden of proof,” the appeal argues. In contempt proceedings, the standard is proof beyond reasonable doubt a burden that rests with the prosecution.
The documents further contend that Justice Addo ignored evidence contradicting any malicious intent, including Dogbey’s 20 years of professional practice, the public interest nature of the publications, his reliance on official sources, and Okyere’s own admissions during cross-examination regarding his detention in Dubai and default on a US$50 million loan.
The appeal argues that jailing a journalist for reporting on a Supreme Court decision and official documents constitutes a “gag order” that the 1992 Constitution prohibits. It cites the media’s constitutional mandate to report on matters of public interest, including judicial decisions and official government documents, noting that such reports are protected and cannot be classified as contempt where they are fair and accurate.
The documents also challenge the trial judge’s reliance on the Montie FM case (2016), arguing that this precedent was misapplied. They further contend that the judge erred in holding that because the defamation suit is pending, any publication on the subject matter is automatically contemptuous.
On the sentence itself, the appeal argues that 7 days’ imprisonment was “heavy-handed” given Dogbey’s years of professional practice and the constitutional protections for press freedom. The documents suggest a non-custodial sentence should have been considered.
Dogbey is asking the Court of Appeal to:
· Set aside his conviction and sentence for contempt
· Declare the interlocutory injunction order of 11 June 2025 void and of no legal effect
· Alternatively, substitute a non-custodial sentence
· Discharge him from any such sentencing
The case has significant implications for press freedom in Ghana. The original injunction effectively barred The Herald from publishing material about Okyere while a defamation suit remained pending a prior restraint that advocates argue chills legitimate journalism on matters of national importance.
Private Newspapers Publishers Association (PRINPAG) and the Ghana Journalists Association have expressed concern over the conviction, and the appeal is now being closely watched by media freedom advocates.
The Court of Appeal’s ruling could set an important precedent on the limits of court injunctions in defamation cases and the circumstances in which journalists may be held in contempt for reporting on matters of public interest.