In Ghana, RANA warns of self-censorship risk over Bafo case — MyJoyOnline
In Ghana, the human rights organization Rights Accountability Network Africa (RANA) said that the arrest, detention and criminal prosecution of senior nurse Salomey Aviti Bafo could have a chilling effect on freedom of expression. As MyJoyOnline reports, the organization stressed that its concerns relate not only to a possible verdict in the case, but also to the broader consequences of the practice of investigating and prosecuting expression-related offences.
Nature of the charges
Forty-year-old Bafo from Techiman was arrested in September as part of an investigation into content linked to the Ghana Jollof TikTok account. She was charged with abetment of a crime in connection with the alleged publication and dissemination of false news. The woman pleaded not guilty.
Police claim that Bafo helped Barbara Asantewaa Koduah, known as Ghana Jollof, to repost videos and that financial transactions took place between them. The prosecution said the investigation has national security implications and involves the use of cyber evidence. The High Court denied Bafo bail, citing the risk of interference with electronic evidence and the incomplete investigation, while ordering that the investigation be expedited.
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RANA's position
RANA noted that Article 21(1)(a) of Ghana's 1992 Constitution guarantees freedom of speech and expression. In the organization's view, citizens should be able to criticize the government, discuss public issues and participate in political debates without unjustified fear of disproportionate criminal prosecution.
The organization believes that uncertainty over liability for forwarding political material, supporting commentators or sharply criticizing the authorities may prompt people to refrain from lawful expression of opinions. RANA also referred to Ghana's historical experience, which the country's Supreme Court has described as a “culture of silence.”
RANA called for Bafo's constitutional rights to be respected, for the investigation to be completed promptly, for the circumstances of her arrest and transfer to be explained transparently, and for the issue of bail to continue to be considered in accordance with the law. The organization also called for law enforcement officers and prosecutors to be given clear guidance on when sharing, financing or otherwise facilitating online content may entail criminal liability, and for Ghana's provisions on criminal offences related to expression to be reviewed. RANA recalled that the charges against Bafo have not yet been proven by a court verdict.
