The Akwatia MP, Honourable Bernard Bediako Baidoo, has defended the legal basis for arrests linked to alleged publication of false news, stressing that existing laws remain enforceable. He noted that Section 208 of the Criminal Offences Act, 1960, criminalises the publication or reproduction of false statements likely to cause fear and alarm or disturb public peace.
Speaking about the arrest of Senior Nursing Officer Salomey Awity Baffoe, Honourable Baidoo explained that the existence of a law means law enforcement agencies can act when they have reasonable grounds to suspect an offence. Salomey was remanded for two weeks by the Adenta Circuit Court 1 over alleged links to the TikTok account known as Ghana Jollof.
The Akwatia MP pointed out that the continued existence of the provision should be distinguished from arguments over whether the law remains appropriate. He argued that if Parliament or the wider public considers the law outdated, the proper response would be to pursue its amendment or repeal through the established legislative process.
Referencing Ghana’s legal history, Honourable Baidoo noted that criminal libel provisions were repealed during the tenure of former President Nana Addo Dankwa Akufo-Addo as Attorney General, while the false news provision remained. He therefore argued that enforcement of an existing provision cannot simply be dismissed because public opinion about it has changed.
“The law promulgated by Parliament remains part of the laws of the Republic, and we can do something about it if we so wish.”
Honourable Bernard Bediako Baidoo
Turning to other legislation, he noted that Ghana’s Electronic Communications Act also contains provisions dealing with certain false or misleading electronic communications. Section 76 addresses false communications that are knowingly sent and likely to endanger safety or prejudice life-saving services.
Honourable Baidoo therefore urged the public to distinguish between disagreement with a law and the authority of institutions to enforce it. He stressed that until Parliament changes an existing provision, the police have a responsibility to apply the law within the limits prescribed by the Constitution.
The latest development in the case follows a Police announcement declaring Barbara Asantewaa Kodua wanted over an alleged case of inciting violence and linking her publicly to the Ghana Jollof identity. Police indicated that Kodua, who is believed to be in the United Kingdom, was last seen at the Accra International Airport in August 2022.
Honourable Baidoo’s position, however, does not amount to support for arbitrary enforcement. He stressed that lawful authority must operate alongside proper procedure, particularly when an arrest results in the restriction of an individual’s liberty.
Akwatia MP Demands Due Process In Ghana Jollof Arrest
The Akwatia MP, Honourable Bernard Bediako Baidoo, also called for strict adherence to due process in the handling of arrests connected to the Ghana Jollof TikTok investigation. He stressed that enforcement of the law must be accompanied by respect for the rights of every person taken into custody.
He cautioned the police against making arrests without being sufficiently prepared to pursue the matter through prosecution. He argued that investigations which generate significant public attention should eventually produce a clear judicial outcome.
The Akwatia MP noted that the public often hears about arrests at the beginning of investigations without receiving similar information about what happens when the cases reach court. He therefore urged law enforcement agencies to ensure that cases they pursue have sufficient basis to withstand judicial scrutiny.
Turning to the rights of an arrested person, Honourable Baidoo stressed that an arrest does not amount to a finding of guilt. He explained that every accused person remains presumed innocent until proven guilty through the judicial process.
“Arrest doesn’t mean conviction, and every person that is arrested is presumed innocent until otherwise proven guilty.”
Honourable Bernard Bediako Baidoo
Referencing constitutional safeguards, he noted that an arrested person must be informed of the reasons for the arrest and brought before a court within 48 hours if the person is not released. Article 14 of the 1992 Constitution provides that a person arrested on suspicion of committing an offence must be brought before a court within that period.
Honourable Baidoo explained that the significance of the court appearance is that continued detention becomes subject to judicial consideration. Once the court has heard the prosecution and the defence, the decision to remand a suspect rests with the court exercising its judicial authority.
In the present case, Salomey was brought before the Adenta Circuit Court 1, which ordered that she be remanded for two weeks while investigations continue. Her lawyers have separately challenged the circumstances of her detention before the arraignment, arguing that she had spent several days in custody before appearing in court.
The Akwatia MP therefore distinguished between the police making an arrest and the court determining whether continued detention is justified. He stressed that once a matter reaches court, both the prosecution and the accused must be given the opportunity to present their respective positions.
Reflecting on the wider investigation, he also cautioned against treating allegations surrounding the Ghana Jollof account as established facts before the relevant proceedings are concluded.
Honourable Baidoo ultimately called for enforcement that protects both public order and individual rights. He indicated that the credibility of the process depends on investigators following the law while allowing the courts to determine the final outcome.
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