A renewed wave of public concern has erupted over the use of armed National Security operatives in the arrest of citizens, recently ‘Adenta Kumi’ of the New Patriotic Party (NPP) over expressions of opinion, reigniting debate over Ghana’s legacy and reform of its criminal libel laws.
Former assistant Secretary at the office of the former President, Ibrahim Adjei questioned the current administration’s actions in light of reforms initiated more than two decades ago, warning that recent developments may undermine civil liberties.
“There are viewers right now who are wondering what happened in 2001 because we had the repeal of the criminal libel law. So some people will say, ‘hold on, did we not remove this ability of the government or the president to suppress voices?’
“The answer is yes and no – we removed certain sections of it, but there were surviving laws okay”
Ibrahim Adjei, Former Presidential Assistant Secretary
Raising questions about the legitimacy of recent security-led arrests, Adjei revisited the repeal of Ghana’s criminal libel law in 2001, describing it as a landmark decision that initially expanded press freedoms.
He emphasized that the repeal marked a departure from authoritarian restrictions and a move towards deepened democratic practice.
Yet, he highlighted the continued existence of other provisions within the Criminal Offences Act that now appear to be enabling the same repressive tendencies that the repeal aimed to eliminate.
According to Adjei, the crux of the issue lies in the survival of Section 209 of the Criminal Offences Act, a colonial-era clause that remained intact despite the repeal of the criminal libel law.
The original legislation dates back to 1893 under British colonial rule and was reaffirmed in 1960 following independence. He explained that while criminal libel specifically targeted published material – libel referring to written words and slander to spoken ones, Section 209 dealt with spreading false information and categorized it as a misdemeanor.
“Section two 209 of the criminal offenses act remained. What did it say? If you said something in a rumor or spread falsehood, – something which was found not to be true, it was a misdemeanor”
Ibrahim Adjei, Former Presidential Assistant Secretary
This distinction is critical. While criminal libel once allowed authorities to shut down newspapers and jail journalists, Section 209 theoretically imposes lighter penalties. However, the use of heavily armed National Security operatives to arrest individuals for what remains legally a misdemeanor has raised alarm over proportionality and misuse of state power.
‘Undemocratic’ Arrests
Adjei condemned the use of security muscle in enforcing what he describes as minor infractions.
“It’s a misdemeanor. So how does a misdemeanor, because it’s still contained now, allow you, the president of the day or the administrator to put together 20 motorbikes and a V8 or whatever entourage they took, to go and arrest somebody?”
Ibrahim Adjei, Former Presidential Assistant Secretary
For him, the core problem lies not in the legal provision itself, but in how it is enforced. He noted that the repeal of the criminal libel law was meant to ensure that individuals seeking redress for reputational harm would pursue civil remedies through the courts, rather than rely on the brute force of the executive.
“I’m 100% on this one because there are civil remedies,” he asserted. “You can’t be judge, jury, and executioner. On what basis?”
Referring to the recent incident involving Alfred Ababio Kumi, he further questioned whether the arrests in question involved statements that posed any actual threat to national security or public order.
“Adenta Kumi has seen something. He said something. It’s not injurious. It has no relation to anything grave or the gravamen of it is not going to lead to a coup whereby it will cause fear and panic – this is way beyond using a sledgehammer to crack a nut, and it does not do this administration any favors at all”
Ibrahim Adjei, Former Presidential Assistant Secretary
The commentary comes amid increasing scrutiny of state institutions under President John Dramani Mahama’s administration, with observers calling for legal restraint and respect for constitutional limits.
While the president has yet to comment publicly on the matter, critics argue that the National Security apparatus must be reined in to preserve the rule of law. Adjei concluded with a direct appeal to government officials: “Work within the confines of the law and let the law work for you.”
READ MORE: Mahama Vows to Uphold Fiscal Discipline Ahead of IMF Exit
