Ghana's Minority Leader, Alexander Afenyo-Markin, has made a false claim regarding the country's new Community Service Law. On September 21, he delivered a keynote address at the National Emerging Leaders' Economic Forum (NELEF) 2026, where he stated that the new law does not recommend a custodial sentence for misdemeanours. He claimed that the law requires courts to impose non-custodial sentences for minor offences.
Afenyo-Markin's statement was made in the context of discussing legal inconsistencies surrounding the arrest of a senior nursing officer, Salomey Awiti Baffoe. He shared his address on social media platforms, including Facebook and X, where it was shared by multiple accounts. The claim was also reported by Ghanaian Times. However, a fact-check by GhanaFact has found that Afenyo-Markin's claim is false.
According to GhanaFact, the new Community Service Law does not prohibit custodial sentences for misdemeanours. Instead, it introduces community service as an alternative sentencing option for eligible offences, including misdemeanours. The law provides courts with discretion to consider community service as an alternative punishment, but does not strip them of their underlying sentencing powers.
Under Clause 39 of the law, courts are required to consider community service as an alternative punishment for minor offences. However, Clause 40 specifies that community service applies to offences punishable by up to three years of imprisonment, with or without the option of a fine. This means that traditional sentencing options remain available to courts unless they choose to issue a community service order.
The law also outlines consequences for breaching the terms of a community service order or committing subsequent offences. Clause 53 empowers courts to revoke a community service order and impose any punishment that could have originally been given, including a term of imprisonment. Similarly, Clause 54 allows courts to impose a term of imprisonment if a person commits a subsequent offence during the community service period.
The findings of GhanaFact's investigation contradict Afenyo-Markin's claim that the new law does not recommend custodial sentences for misdemeanours. The law provides an alternative sentencing option, but does not abolish the possibility of imprisonment for minor offences. It is unclear whether Afenyo-Markin was aware of the law's provisions when making his statement.
The issue highlights the importance of verifying information, especially when it comes to laws and policies. Afenyo-Markin's false claim may have contributed to confusion and misinformation about the new Community Service Law. The fact-check by GhanaFact aims to provide clarity and accuracy on this matter.
Key points
- The new Community Service Law in Ghana introduces community service as an alternative sentencing option for eligible offences, but does not prohibit custodial sentences for misdemeanours.
