The Rights Accountability Network Africa (RANA) has expressed concerns over the arrest, detention, and prosecution of Salomey Awiti Baffoe, citing implications for freedom of expression in Ghana. RANA acknowledged the State's responsibility to investigate genuine threats and incitement to violence but raised concerns about the handling of speech-related offences. The organization emphasized that citizens must be able to criticize governments and participate in political discussions without unreasonable fear of criminal sanctions.
RANA noted that Ms Baffoe has pleaded not guilty and that the allegations against her must be determined by a competent court based on evidence. The organization cited Article 21(1)(a) of the 1992 Constitution, which guarantees freedom of speech and expression. RANA expressed concerns about the circumstances surrounding Ms Baffoe's arrest, including her late-night arrest at her home in Techiman, transportation to Accra, and initial difficulties in establishing her whereabouts.
According to RANA, Ms Baffoe has remained in pretrial detention while investigations continue. The prosecution alleges that she assisted in disseminating material considered false and inflammatory, citing concerns related to witnesses and digital evidence. RANA emphasized that those competing claims must be resolved through due process. The organization warned that arrests, detention, and prosecution could have a broader effect on citizens beyond the individual facing charges.
RANA described the potential "chilling effect" on freedom of expression, where citizens may withdraw from lawful political expression due to uncertainty about potential consequences. The organization stressed that freedom of expression should not be treated as a license for genuine threats or incitement to violence. RANA called for a clear distinction between such conduct and legitimate political criticism, with laws applied consistently and coercive measures limited to what is necessary and proportionate.
RANA demanded full respect for Ms Baffoe's constitutional rights, including the presumption of innocence, access to counsel, and a fair hearing within a reasonable time. The organization urged authorities to complete the investigation expeditiously, as prolonged pretrial detention should not amount to punishment before conviction. RANA also called for transparency over the circumstances of Ms Baffoe's arrest and transfer.
The organization demanded clearer guidance from law enforcement and prosecutors on when sharing or facilitating online content could result in criminal liability. RANA called for a broader review of Ghana's criminal speech laws, particularly Section 208 of the Criminal Offences Act, in relation to Article 21 of the Constitution and Ghana's obligations under international human rights instruments.
RANA maintained that its position was not that the government should tolerate criminal conduct but that investigations into alleged offences must not undermine legitimate political expression. The organization emphasized that a democracy is measured by whether ordinary citizens genuinely believe they can exercise their freedom of speech.
Key points
- RANA raises concerns over implications for freedom of expression in Ghana
- Ms Baffoe's arrest and detention have sparked concerns about proportionality and necessity of measures used against her
- RANA calls for clearer guidance on when sharing online content could result in criminal liability
