Public Commentary on Pending Litigation: Questions arise over GACL’s “buyer beware” notice and its implications

Public Commentary on Pending Litigation: Questions arise over GACL’s “buyer beware” notice and its implications

The recent public notice issued by Ghana Airports Company Limited (GACL) concerning disputed lands on the Spintex Road has sparked renewed legal and public relations debate, particularly regarding the propriety of public commentary on matters currently pending before the courts.

Emmanuel Tetteh
May 18

The recent public notice issued by Ghana Airports Company Limited (GACL) concerning disputed lands on the Spintex Road has sparked renewed legal and public debate, particularly regarding the propriety of public commentary on matters currently pending before the courts.

The publication, titled “Buyer Beware,” cautioned the public against engaging in transactions relating to portions of land said to be under litigation involving companies associated with the McDan Group.

The notice further referenced a High Court judgment and indicated that the matter remains before the Court of Appeal after McDan Group filed an appeal.

However, the publication has since drawn criticism from legal observers and corporate governance commentators who argue that such public pronouncements, while framed as cautionary notices, risk creating prejudicial public perceptions about a matter yet to receive final judicial determination.

In a strongly worded rejoinder, the McDan Group maintained that the case remains sub judice and emphasised that all parties ought to exercise restraint while the matter is before the appellate court.

The Group described the publication as an attempt to undermine its corporate reputation and that of its Executive Chairman, Dr. Daniel McKorley.

Legal analysts note that under principles governing pending litigation, public institutions and litigants alike are generally expected to avoid commentary capable of influencing public opinion in ways that may prejudice proceedings or diminish confidence in the neutrality of the judicial process.

Official Rejoinder to GACL PublicationDownload

Some observers argue that although GACL may have intended to protect public interest by cautioning prospective land buyers, the wording and framing of the publication could inadvertently be interpreted as presenting unresolved legal issues as conclusively determined.

According to legal practitioners, once an appeal has been filed, the dispute effectively remains alive before the courts until final adjudication.

Corporate communication experts also warn that public disputes between major institutions and indigenous businesses can carry broader economic and reputational implications.

They stress that where legal proceedings are ongoing, communications must be carefully balanced to avoid perceptions of institutional intimidation, reputational targeting, or attempts to sway public sentiment outside the courtroom.

The McDan Group, in its response, reiterated its commitment to due process and insisted that it has acted lawfully throughout the dispute. The company further affirmed confidence in Ghana’s judicial system and stated that it would await the final determination of the courts.

The development has since generated significant public discussion across media and social platforms, with many calling for greater caution in how state institutions communicate on unresolved legal disputes involving private entities.

Beyond the immediate dispute, the controversy has reopened broader conversations about responsible institutional communication, protection of corporate reputation, and the need to preserve the integrity of judicial proceedings in high-profile commercial cases.

As the matter proceeds before the Court of Appeal, legal observers say the eventual judicial outcome, rather than public narratives, will ultimately determine the rights and obligations of the parties involved.

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