Audio By Carbonatix
Former Attorney-General and Minister for Justice, Godfred Yeboah Dame, has criticised the detention of New Patriotic Party (NPP) Bono Regional Chairman, Kwame Baffoe, describing the decision to remand him as “very unhealthy” for Ghana’s democracy.
Speaking to journalists shortly after the Accra High Court granted bail to Abronye DC on Thursday, May 21, Mr Dame argued that the circumstances surrounding the case did not justify the denial of bail or the initiation of criminal proceedings in the first place.
The High Court admitted Abronye DC to bail in the sum of GH¢100,000 with two sureties after hearing the matter earlier in the day.
The outspoken NPP communicator had previously been remanded into BNI custody by Circuit Court 9 in Accra over allegations of spreading false news.
Reacting to the ruling, Mr Dame maintained that offences of this nature should ordinarily not attract custodial detention, insisting that even upon conviction, the law would likely favour a fine or non-custodial sentence rather than imprisonment.
“It is something that shouldn’t have occurred in the first place, because in matters like this bail ought not to be refused at all,” he stated.
According to the former Attorney-General, Abronye DC had already spent nine days and eight nights in detention, a development he considered excessive and inconsistent with democratic principles.
“Even after conviction, bail ought not to be denied and based upon the decision of the court, even upon conviction there ought not to be detention of the person,” Mr Dame said.
“If sentence or fine is ordinarily to be applied, then clearly it becomes improper that the person upon arrangement before the court should be detained for about two weeks.”
Mr Dame further questioned the legal basis of the prosecution, arguing that the facts presented by the police pointed more towards a possible civil defamation matter rather than a criminal offence.
He claimed that the police complaint focused primarily on the allegedly derogatory and abusive nature of comments made by Abronye DC, adding that such grievances should ordinarily be pursued through civil litigation.
“A cause of action lies in the civil realm for defamation. It ought not to be a basis for the institution of criminal proceedings,” he stressed.
The former Attorney-General also accused the current administration of misapplying Sections 207 and 208 of Ghana’s Criminal Offences Act, which relate to the publication of false news and offensive conduct likely to breach the peace.
He alleged that the provisions were increasingly being used to suppress dissenting voices and discourage free expression.
“I think there is a gross abuse of Sections 207 and 208 by this government and it is all because they just want to muzzle people and prevent free expression of views,” he asserted.
Mr Dame described the development as “reprehensible” and called on “all right-thinking members of society” to speak against what he characterised as growing intolerance towards opposing political opinions.
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