A High Court in Accra has refused an application for bail filed on behalf of Salomey Awiti Bafoh, a Senior Nursing Officer from Techiman. She is accused of aiding Barbara Asantewaa Kodua, known as 'Ghana Jollof', to circulate false publications online. The court, presided over by Justice Halima El-Alawa Abdul-Baasit, considered the nature of the investigation and the fact that it is cyber-related, which presents a likelihood of interference with investigations.
Salomey Awiti Bafoh was remanded into custody for two weeks on September 17. She allegedly served as a liaison for 'Ghana Jollof' to publish and circulate false news on social media. Bafoh has been charged with one count of abetment of crime – publication of false news. Her alleged role in the circulation of 'Ghana Jollof's' videos has raised concerns about insults in Ghanaian politics.
Barbara Asantewaa Kodua, the second accused person, appears on the prosecution's charge sheet but no specific charges were levelled against her. The police indicated that she used her social media platform to produce and publish videos containing offensive and inciting statements. They accused her of threatening to "overthrow the Government of Ghana" and said she would "burn Ghana amongst other things."
Bafoh's lawyer, Nana Agyei Baffour Awuah, applied for bail at the High Court pending trial. He highlighted the constitutional presumption of innocence and the right to bail. He argued that the prosecution's contention that Bafoh would interfere with investigations and witnesses when granted bail is untenable, as no evidence was presented to support this assertion.
The application was opposed by Maame Korantemaa Aboagye-Darko, who argued that investigations are still ongoing and Bafoh's presence is necessary to assist the police. She also argued that ill health is not a sufficient ground for bail, especially when the accused's medical status is not demonstrated. Aboagye-Darko added that the presumption of innocence is necessary but not sufficient for granting bail.
Justice Halima El-Alawa Abdul-Baasit ruled that the preservation and integrity of evidence are critical to the investigating process. She said releasing Bafoh at this stage would present a real risk of interference with evidence and possibly deleting it. The judge directed the prosecution to expedite investigations and ensure Bafoh receives prompt and adequate medical attention as needed.
The court's ruling does not imply that Bafoh is guilty of the alleged offence, and she remains presumed innocent until proven guilty. The refusal of bail is based solely on the court's assessment that the statutory ground related to interference with evidence and hampering investigations has been established. Bafoh has been in custody for about twelve days.
Key points
- The High Court denied bail to Salomey Awiti Bafoh due to the risk of interference with ongoing cyber-related investigations.
- Bafoh is accused of aiding 'Ghana Jollof' to circulate false publications online and has been charged with one count of abetment of crime – publication of false news.
- The court directed the prosecution to expedite investigations and ensure Bafoh receives prompt and adequate medical attention as needed.
