Ghana speech debate deepens after attempted arrest of opposition MP

An attempted arrest of Ghanaian opposition Member of Parliament and lawyer Nana Agyei Baffour Awuah at the Accra High Court has intensified debate over freedom of expression, alleged false information and the limits of state enforcement powers.

Officers from the Economic and Organised Crime Office (EOCO) approached Awuah at the court on 23 September. EOCO said the action formed part of an ongoing investigation and followed two invitations that it said the MP had failed to attend.

Awuah disputes that account. He said EOCO’s first letter was addressed to the senior partner at his law firm, and that representatives of the firm later met investigators on three occasions, providing information and a written statement.

The Manhyia South MP also alleged that the attempted arrest was connected to his work as lawyer for Salomey Awiti Baffoe. “The only issue is because I’m representing Salomey Baffoe. That’s the only issue,” he said.

No judicial finding has been reported establishing a link between Awuah’s legal representation of Baffoe and EOCO’s action. The agency has maintained that its steps relate to an ongoing investigation.

Case involving alleged false news

Baffoe, a senior nursing officer, is charged with abetting the publication of false news. The case concerns material linked to a TikTok account known as “Ghana Jollof”.

Prosecutors allege that Baffoe acted as a liaison for Barbara Asantewaa Kodua, who is associated with the account, and helped recruit people to redistribute videos on social media. Those claims have not been established as facts in court.

On 24 September, the High Court in Accra refused Baffoe’s bail application. The court cited concerns that electronic evidence could be interfered with while investigations continued. It also stressed that the decision did not amount to a finding of guilt and that Baffoe remained entitled to the presumption of innocence.

Her lawyers said they intended to appeal the bail decision.

Concerns over legal safeguards

The Ghana Bar Association warned on 24 September that bypassing safeguards in enforcement action involving lawyers could create a perception of intimidation and produce a “chilling effect” on the legal profession.

Awuah questioned why EOCO had approached him at court, saying he had been publicly available. “If EOCO really and truly needed me, wouldn’t they have picked me on a Saturday morning at Joy FM for Newsfile?” he said.

He later announced civil action against Bernard Bediako Baidoo, the MP for Akwatia, and broadcaster Abubakar Alhassan, popularly known as Blakk Rasta, over alleged defamatory statements. Awuah said he had chosen civil proceedings rather than seeking criminal prosecution for alleged false publication. No outcome of that action has been reported.

Balancing speech and public order

Ghana’s Constitution guarantees freedom of speech and expression, including freedom of the press and other media. These protections are not absolute, however, and Ghanaian law contains restrictions and criminal offences in particular circumstances.

Section 208 of the Criminal Offences Act makes it an offence to publish or reproduce a statement, rumour or report that is likely to cause fear and alarm or disturb the public peace when the person knows, or has reason to believe, that it is false.

The case has renewed discussion about how authorities can respond to potentially harmful or false online material without unnecessarily restricting legitimate criticism, political debate or dissent.

President John Dramani Mahama said he was unaware of many arrests linked to comments made about him before they took place. “A lot of these arrests, I don’t even know about them, I also hear them on the media,” Mahama said at an event on the sidelines of the United Nations General Assembly in New York.

Ghana is known for its vibrant media environment and robust political debate. Since returning to constitutional rule in 1992, the country has also experienced repeated peaceful transfers of power between its two dominant political parties.

Awuah said the handling of such cases could have longer-term political consequences, warning that a change of government could lead some people to seek retribution. That remains his assessment, rather than an established finding.