'Ghana should not recreate criminal libel under different laws’ – Abena Osei-Asare

The Member of Parliament for Atiwa East, Abena Osei-Asare, has cautioned against what she describes as the use of the criminal justice system to punish citizens for expressing views critical of those in power.

Her comments follow recent arrests and prosecutions involving citizens accused of publishing or circulating statements deemed unlawful, including the case of Techiman-based nurse Salomey Awiti Bafoh.

Bafoh has been remanded for two weeks over an allegation of abetting the publication of false news linked to videos circulated by the anonymous “Ghana Jollof” TikTok account.

In a social media post on Friday, September 18, the former Minister of State for Finance said freedom of expression must be protected regardless of whether the speech is favourable to the government.

“Freedom of speech is not a privilege granted by a government to those who speak politely about it. It is a constitutional right, and its real test comes when the speech is offensive, irritating, unfair or deeply critical of those who exercise power," she wrote.

She, however, acknowledged that freedom of expression does not protect all forms of conduct, noting that genuine threats, incitement to violence and other genuinely criminal acts must be dealt with under the law.

Osei-Asare said the responsibility to protect citizens’ rights extends to the Police, security agencies and the Judiciary, particularly in cases involving arrest, remand and bail.

“Our courts, which are ultimately the citizen’s protection against the excesses of State power, must be particularly careful that arrest, remand and onerous bail conditions do not themselves become punishment before trial," she noted.

“Our democracy is strong enough to tolerate criticism. Our institutions must be strong enough to protect the freedom to make it,” she added.