In a libel lawsuit filed at the Civil Law Court in Monrovia, Liberia, Wilmot Smith, the former deputy director general for information coordination at the Liberia Institute for Statistics and Geo-Information Services (LISGIS), is seeking US$700,000 in damages from Ecobank and one of its former employees, Yussif Kromah. Smith alleges that Kromah leaked LISGIS’s account statements to Alex Williams, a former colleague at LISGIS and a non-signatory to the account. This information was subsequently used by Williams and others on social media, including Spoon TV and its panelists Stanton Witherspoon and Martin K. N. Kollie, to falsely accuse Smith of misappropriating funds intended for the population census.
Smith’s claim rests on two main arguments. First, he asserts that Kromah’s action of sharing confidential bank information constituted libel, damaging his reputation. Second, he argues that Ecobank is vicariously liable for Kromah’s actions under the doctrine of respondeat superior, which holds employers responsible for the wrongful acts of their employees committed within the scope of their employment. Smith contends that Kromah’s actions occurred during his working hours and within the bank’s premises, therefore making Ecobank accountable for the alleged libel.
Testifying as Ecobank’s first witness, Stephen Howard, the bank’s corporate manager and head of the Disciplinary Committee, admitted that Kromah leaked the account information to Williams, a violation of the bank’s confidentiality agreement. Howard confirmed that Kromah was subsequently dismissed following an internal investigation. However, he countered Smith’s argument of Ecobank’s liability, stating that the bank cannot be held responsible for Kromah’s unauthorized actions. He emphasized that Kromah acted independently and against bank policy, breaking a signed confidentiality agreement.
Howard detailed the events leading to the discovery of the leak, stating that former Finance Minister Samuel Tweah initially brought the matter to the bank’s attention after allegations surfaced in a newspaper. The publication accused Tweah and Smith of opening an account in Cote d’Ivoire and diverting census funds. Ecobank immediately denied any involvement in the alleged transfer of funds to Cote d’Ivoire, clarifying that the transaction was a legitimate purchase of census materials for LISGIS. Howard further testified that Smith subsequently approached him, informing him of the accusations being spread on social media. This prompted the internal investigation that ultimately led to Kromah’s dismissal.
Smith’s lawsuit specifies that Kromah leaked LISGIS’s account statements bearing numbers #6101350441 and 6100064362 to Williams, who then used the information on the Spoon Talk Show to accuse Smith of withdrawing and misusing funds. Smith alleges that the bank statements were manipulated to support the false accusations against him. His lawyer, Cllr. Arthur Johnson, emphasizes that the alleged leak and subsequent defamation occurred while Smith was still employed at LISGIS. The suit further alleges that the leak occurred on October 31, 2022, and that Kromah admitted to this act in an affidavit dated March 30.
The crux of the legal battle revolves around the extent of Ecobank’s responsibility for Kromah’s actions. While Ecobank acknowledges Kromah’s misconduct and his subsequent dismissal, they deny liability for the alleged libel, asserting that Kromah acted independently and outside the scope of his employment. Smith, on the other hand, maintains that Ecobank’s responsibility stems from Kromah’s employment status and the fact that the leak occurred within the bank’s operational environment. The court will need to determine whether the doctrine of respondeat superior applies in this case and whether Ecobank should be held accountable for the alleged damage to Smith’s reputation.
