Ghana’s two main political parties, the National Democratic Congress (NDC) and the New Patriotic Party (NPP), are using arrests for offensive social media posts as a political tactic. This strategy helps to energise their core supporters, according to Victor Kwadjoga Adawudu. Mr. Adawudu, a member of the NDC Legal Team, shared this view on JoyNews’ PM Express on Tuesday.
Mr. Adawudu stated that the law on offensive conduct should remain as a deterrent against harmful online behaviour. However, he stressed that it must not be used as a weapon against political opponents. This discussion follows the recent conviction of 43-year-old TikToker Camilla Alhassan. An Accra Circuit Court sentenced her to one year in prison with hard labour for offensive conduct. She had pleaded guilty to making derogatory remarks about President John Mahama in a TikTok video.
This situation highlights a broader trend in Ghana’s political landscape where social media content often leads to legal action. The NPP has publicly condemned Alhassan’s sentence, calling it an attack on free speech. The party has pledged to support her appeal and urged civil society organisations to speak out. This incident underscores the ongoing tension between free expression and public order in the digital age.
Mr. Adawudu believes the law still serves a crucial purpose in an era dominated by social media. He argued that it deters individuals from posting misguided or unprintable content. He rejected the idea that the law criminalises free speech, stating that many social media users intentionally post offensive content for political attention. He noted that some party loyalists deliberately insult public figures, knowing that an arrest can benefit their political parties.
The legal expert explained that the reaction to such arrests has become predictable. He observed that the entire party machinery often mobilises in support of the arrested individual. This mobilisation, he said, helps to energise the party’s base. Both the NDC and NPP engage in this practice, turning legal issues into opportunities for political rallying. Mr. Adawudu emphasised that the law should be enforced sparingly, only in exceptional cases.
Concerns have been raised about the frequent use of this legal provision under the current administration. Mr. Adawudu attributed this to overzealous law enforcement officers. He suggested that some police officers might pursue cases that do not truly merit legal action. He also indicated that senior officials might not always be aware of arrests before suspects are taken to court. This suggests a disconnect between policy and ground-level enforcement.
Drawing on his legal experience, Mr. Adawudu recalled representing several individuals charged under similar provisions during the previous NPP administration. These cases included individuals like Bobbie and Oheneba. He questioned the effectiveness of the law in securing convictions, noting that many charges under sections 207 and 208 of the Criminal Code often fizzle out after bail is granted. This suggests that while arrests may energise political bases, they do not always lead to successful prosecutions.
The ongoing debate reflects a significant challenge for Ghana’s democracy: balancing freedom of speech with the need to maintain public order. The political use of arrests for social media posts can undermine public trust in legal institutions. It also raises questions about the impartiality of law enforcement. Stakeholders must ensure that laws are applied fairly and consistently, without political interference, to protect both individual rights and societal stability.