Herald newspaper Editor challenges custodial jail term

Larry Dogbe, the Managing Editor of The Herald Newspaper, is challenging a seven-day custodial jail term imposed on him by the High Court. He has filed an appeal with the Court of Appeal, seeking to overturn his conviction and sentence. Dogbe contends that the initial interlocutory injunction order was improperly granted and is void, or alternatively, that his custodial sentence should be replaced with a non-custodial one.

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The appellant contended that the trial judge ought not to have granted the injunction in the first place. The appellant further contended that the order itself was vague and incapable of clear compliance, noting that the trial judge had acknowledged the wording as "vague" in the judgment yet proceeded to convict him for breaching it.

Dogbe's appeal argues that the trial judge erred in granting the injunction, noting that the order itself was vague and difficult to comply with. He points out that the judge acknowledged the wording as "vague" yet proceeded to convict him for breaching it. Furthermore, Dogbe contests the trial court's application of the standard of proof in contempt proceedings, asserting that contempt, being quasi-criminal, requires proof beyond a reasonable doubt. He claims the judge wrongly shifted the burden of proof onto him.

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He is also challenging the trial court's application of the standard of proof in contempt proceedings, arguing that contempt is quasi-criminal in nature and must be proved beyond reasonable doubt, and that the judge wrongly shifted the burden onto the appellant to prove the truth of his publications.

The journalist also asserts that his publications were grounded in a Supreme Court decision from February 11, 2026, and official documents from the Economic and Organised Crime Office and the Ministry of Energy. Dogbe argues that convicting a journalist for reporting on a Supreme Court ruling and public documents constitutes an unconstitutional gag order, infringing upon the constitutional guarantees of media freedom. The original contempt application stemmed from a defamation suit filed by businessman Kevin Okyere, CEO of Springfield Group, who alleged that The Herald continued to publish defamatory statements against him despite a court order restraining such publications.

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He contended that convicting a journalist-linked defendant for reporting on a Supreme Court decision and public documents amounted to an unconstitutional gag order, contrary to Articles 162 and 165 of the 1992 Constitution, which guarantee media freedom.