Prosecutions for speech-related offenses in Ghana rarely result in meaningful outcomes, according to Victor Kwadjoga Adawudu, a lawyer for the National Democratic Congress (NDC). He states that many cases brought under Sections 207 and 208 of the Criminal Code often "fizzle out" after suspects are granted bail.
Mr. Adawudu shared his observations on JoyNews’ PM Express, noting that his experience shows these charges frequently fail to progress beyond initial stages. This trend highlights a potential inefficiency in the legal system regarding such offenses. The low conviction rate suggests a gap between initial charges and final judicial outcomes.
This discussion occurs amid significant public debate over prosecuting social media users. The recent conviction of TikToker Camilla Alhassan has intensified this scrutiny. An Accra Circuit Court sentenced Ms. Alhassan, 43, to one year of imprisonment with hard labour for offensive conduct. She pleaded guilty to making derogatory statements about President John Mahama in a TikTok video.
The New Patriotic Party (NPP) has criticized Ms. Alhassan's sentence, calling it an attack on free speech. The party has pledged to support her appeal and urged civil society organizations, the Ghana Bar Association, and the National Peace Council to oppose the criminalization of free speech. This political reaction underscores the sensitive nature of speech-related laws in Ghana's democratic landscape.
Mr. Adawudu believes the law still serves a deterrent purpose, despite its low conviction rate. He argues that it discourages individuals from making "unprintable things" or engaging in misguided speech. He also rejects the idea that the law criminalizes free speech, pointing to the rise of abusive political commentary on social media. He suggests some activists deliberately make inflammatory statements for attention.
He further noted that both major political parties, the NDC and NPP, have benefited from such incidents. These arrests often energize their respective supporters. Mr. Adawudu cautioned against using the law as a political weapon, advocating for its sparing use. He attributes the frequent arrests to "overzealous policemen" rather than deliberate government policy.
Mr. Adawudu recalled defending individuals prosecuted under these same provisions during the previous NPP administration. These past experiences have shaped his view that such cases seldom lead to convictions. His perspective suggests a consistent pattern across different political administrations regarding the application and outcomes of these laws. The ongoing debate highlights the need for a balanced approach to free speech and public order.