Minority Leader and Member of Parliament for Effutu, Alexander Kwamena Afenyo-Markin, has launched a fierce attack on the government over the arrest and prosecution of Bono Regional Chairman of the New Patriotic Party (NPP), Kwame Baffoe, accusing President John Dramani Mahama of resurrecting Ghana’s abolished criminal libel regime through the back door.
Addressing a news conference in Accra on Sunday, May 17, 2026 Mr. Afenyo-Markin described the arrest, remand and prosecution of Abronye DC as “a constitutional outrage” and a dangerous threat to free speech, democracy and civil liberties in Ghana.
According to the Minority Leader, the prosecution of the outspoken NPP communicator over comments made in a social media video was not an exercise of justice, but rather “state-sponsored political persecution.
“The arrest, prosecution and remand of a citizen for words spoken in the public square is not justice. It is persecution,” he declared.
Abronye DC was arraigned before Accra Circuit Court 9 on May 13, 2026 on two charges of offensive conduct conducive to breach of peace under Section 207(1) of the Criminal Offences Act, 1960 (Act 29) and publication of false news under Section 208(1) of the same law.
The charges stem from remarks made in a video circulated on social media, in which the NPP regional chairman allegedly criticised the conduct and impartiality of a Circuit Court judge.
However, Mr. Afenyo-Markin argued that criticism of a public official, including members of the judiciary, was protected under Article 21(1)(a) of the 1992 Constitution, which guarantees freedom of speech and expression.
“Since when did criticising a judge becomes a criminal offence in Ghana?” he questioned. He maintained that the prosecution lacked legal merit and accused the state of weaponising criminal laws to silence political opponents.
According to him, Ghana’s legal framework already provides civil remedies for defamation or reputational damage, making criminal prosecution unnecessary.
“Where speech genuinely damages a person’s reputation, Ghanaian law already provides a remedy — a civil remedy. What the law does not authorise is the conversion of a civil grievance into a criminal prosecution,” he stated.
The Minority Leader further criticised the decision by the court to deny Abronye DC bail, describing the ruling as unconstitutional and inconsistent with the principles of personal liberty and presumption of innocence guaranteed under Articles 14 and 19 of the Constitution.
He disclosed that lawyers for the accused had argued that Abronye DC had a fixed place of abode, reliable sureties and significant family responsibilities, while the offences in question were misdemeanours.
However, the prosecution reportedly opposed bail on grounds that the accused could commit similar offences if released.
“A citizen imprisoned not for what he did, but for what he might say. That is not law. That is censorship from the bench,” Mr. Afenyo-Markin said.
He also questioned the legality of Abronye DC’s remand into the custody of the Bureau of National Investigations (BNI), insisting that the intelligence agency was not a lawful remand facility for such offences.
According to him, the matter had no connection to national security and the decision to place the NPP chairman in BNI custody exposed the political character of the prosecution.
Mr. Afenyo-Markin further alleged that several days after the remand order was issued, lawyers for Abronye DC had still not received a signed and certified remand warrant from the court registry.
“Was a Ghanaian citizen delivered into intelligence custody on nothing more than a word of mouth?” he asked.
He warned that if confirmed, the absence of a documented remand order could render the detention unlawful under Article 14 of the Constitution.
The Minority Leader linked the case to what he described as a broader pattern of intimidation and harassment against members of the opposition since the Mahama administration returned to office in January 2025.
He cited the arrests and prosecutions of several NPP communicators and activists, including David Essandoh, Abubakar Yakubu and John Ntim Fordjour.
According to him, the government was using Sections 207 and 208 of Act 29 to effectively recreate the criminal libel regime abolished in 2001 under former President John Agyekum Kufuor.
Mr. Afenyo-Markin recalled that the repeal of the Criminal Libel and Seditious Laws by the Kufuor administration marked a major democratic milestone that won international praise for Ghana.
“President Kufuor abolished criminal libel to set Ghana free. President Mahama is rebuilding it brick by brick, to cage the opposition,” he alleged.
He further accused the National Democratic Congress (NDC) of historically using criminal libel laws to suppress journalists, political opponents and critics during both the PNDC and NDC eras.
The Minority Leader called for the immediate and unconditional release of Abronye DC and announced that the NPP legal team would challenge the prosecution in court.
He also urged Parliament’s Constitutional, Legal and Parliamentary Affairs Committee to summon the Inspector General of Police and the Director-General of the BNI to explain the circumstances surrounding the arrest and detention.
In addition, he appealed to civil society organisations, the media and the legal fraternity to speak out against what he described as a growing assault on free expression and democratic accountability.
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The post Mahama Is Resurrecting The Criminal Libel Law – Osahen appeared first on The Ghanaian Chronicle.
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