The Rights Accountability Network Africa (RANA) has raised concerns about the human-rights implications of the arrest, detention and prosecution of senior nursing officer Salomey Awiti Bafoh, warning that the case could have a chilling effect on freedom of expression in Ghana.

In a statement, the organisation said its concern went beyond whether Ms Bafoh is ultimately convicted or acquitted, focusing instead on the wider implications of how speech-related offences are investigated and prosecuted.

Article 21(1)(a) of Ghana’s 1992 Constitution guarantees freedom of speech and expression.

RANA said the protection of that right must allow citizens to criticise governments, debate public affairs and participate in political discussions without unreasonable fear that lawful expression or dissemination of political material could expose them to disproportionate criminal processes.

The case against Bafoh

Ms Bafoh, a 40-year-old senior nursing officer from Techiman, was arrested in September in connection with investigations into content associated with the “Ghana Jollof” TikTok account.

She has been charged with abetment of crime in connection with the alleged publication and circulation of false news and has pleaded not guilty.

The Police have alleged that Ms Bafoh assisted Barbara Asantewaa Kodua, popularly known as “Ghana Jollof”, in redistributing videos and that there were financial transactions between the two.

The prosecution has said the investigation has national security implications and involves cyber-related evidence. A High Court subsequently refused Ms Bafoh’s bail application, citing concerns about possible interference with electronic evidence and ongoing investigations. The court directed the Republic to expedite the investigations.

RANA said that even where an investigation is lawful, the manner in which State power is exercised matters.

“Criminal process communicates far beyond the individual accused. Arrest, detention, prolonged uncertainty, public allegations and the possibility of prosecution can influence the behaviour of thousands of citizens who will never enter a courtroom,” it said.

Concern over ‘chilling effect’

The organisation said citizens could begin withdrawing from lawful expression if they became uncertain about whether forwarding political material, supporting a commentator or sharply criticising those in authority could expose them to arrest.

“That is the danger of the chilling effect. The danger does not arise only when the State expressly orders citizens to remain silent. It may arise when citizens observe what happens to others and begin silencing themselves,” RANA said.

It also referenced Ghana’s constitutional history and the country’s previous experience with what the Supreme Court has described as a “culture of silence”.

“Ghana must not inadvertently recreate through fear what the Constitution deliberately sought to overcome,” the group said.

RANA’s demands

RANA called for full respect for Ms Bafoh’s constitutional rights and urged authorities to conclude investigations expeditiously, in line with the High Court’s directive.

It also called for a transparent account of the circumstances surrounding her arrest and transfer and urged continued judicial consideration of bail in accordance with the law.

The organisation further wants clear guidance for law-enforcement agencies and prosecutors on when sharing, redistributing, financing or otherwise facilitating online content could result in criminal liability.

It also called for a broader review of Ghana’s criminal speech laws, including Section 208 of the Criminal Offences Act, 1960 (Act 29), against the constitutional protection of freedom of expression and Ghana’s obligations under the African Charter and the International Covenant on Civil and Political Rights.

RANA said the case highlights broader questions about how speech-related offences are investigated and enforced, particularly where online content and criticism of public officials are involved.

“A democracy is not measured only by whether its Constitution contains a guarantee of freedom of speech. It is measured by whether ordinary citizens genuinely believe they can exercise that freedom,” the organisation said.

Ms Bafoh remains before the courts, and the allegations against her have not been established by a conviction.