Madam Abena Osei-Asare, Member of Parliament (MP) for Atiwa East, has urged state security agencies to exercise restraint in dealing with citizens arrested or detained over statements they make or publish.
Her call follows the arrest and detention of nurse Salomey Baffoe Awiti in connection with investigations involving the social media account known as “Ghana Jollof”.
Madam Osei-Asare, who chairs Parliament’s Public Accounts Committee, said the developments should concern Ghanaians irrespective of their political affiliations.
In a statement, she said freedom of speech was not a privilege granted by the government to people who expressed themselves politely but a constitutional right that must be protected even when opinions were offensive, irritating, unfair or strongly critical of those in power.
She said Ghana had made significant progress in protecting freedom of expression, citing the repeal of criminal libel and seditious laws in 2001 under Act 602.
The MP noted that the reform was championed by the then Attorney-General, Nana Addo Dankwa Akufo-Addo, describing it as an important statement about the kind of republic Ghana sought to build.
“Ghana should not recreate criminal libel in substance under different statutory labels,” she said.
Madam Osei-Asare acknowledged that freedom of expression was not absolute, stating that incitement to violence, threats and other genuinely criminal conduct should be dealt with according to law.
She added that false and defamatory statements could attract civil consequences.
However, she stressed the need to distinguish between protecting society from criminal conduct and using state machinery to punish speech considered offensive or inconvenient.
The MP called on the police and other security agencies to exercise restraint and ensure that their actions complied with the Constitution.
She also urged the courts to safeguard citizens against abuses of state power, cautioning that arrest, remand and onerous bail conditions should not become punishment before trial.
Madam Osei-Asare said the principles of freedom of expression and due process must apply regardless of political affiliation, noting that governments changed but precedents established through the exercise of power could remain for future administrations.
“Ghana travelled a long and difficult road away from the culture of silence. We should be extremely careful not to find our way back there through another door,” she said.
She said Ghana’s democracy should be able to tolerate criticism and that its institutions should be strong enough to protect the freedom to express it.
