Ntim Fordjour: Ghana Jollof Selective Enforcement in False News Case

• Rev. John Ntim Fordjour accused the Ghanaian government of selectively enforcing false publication laws following a recent arrest.
• The accusation stems from the arrest and remand of Salomey Awiti Bafoh, linked to the "Ghana Jollof" TikTok account, on charges under Sections 20(1) and 208 of the Criminal Offences Act, 1960.
• Fordjour questioned why authorities appeared to target government critics while seemingly ignoring similar content from other prominent online commentators.
• Concerns were also raised regarding Ms. Bafoh's arrest procedure and alleged denial of legal access.
• The case highlights debates over the equal application of Ghana's false publication law enforcement, particularly for online political commentary.

The MP's central argument underscored that the enforcement of laws governing false publications should not be contingent on an individual's political affiliation.

The arrest and subsequent remand of Salomey Awiti Bafoh, a 40-year-old senior nursing officer, has ignited a significant debate regarding the equitable application of Ghana's false publication laws. Ms. Bafoh was apprehended at her home in Hansua, near Techiman, on September 13, facing charges of abetment of crime related to the alleged publication and circulation of false news. These charges fall under Sections 20(1) and 208 of the Criminal Offences Act, 1960 (Act 29).

Appearing before the Adentan Circuit Court, Ms. Bafoh entered a plea of not guilty. Despite her plea, she was denied bail and remanded for a period of two weeks, with her case adjourned until September 30. Prosecutors allege that Ms. Bafoh served as a liaison for Barbara Asantewaa Kodua, a UK-based TikTok user widely known as "Ghana Jollof," and was involved in recruiting individuals to redistribute videos produced by Kodua. These videos, according to allegations that remain unestablished by the court, purportedly contained inflammatory statements capable of inciting violence.

Rev. John Ntim Fordjour, the Member of Parliament for Assin South and a former Deputy Minister, swiftly accused the government of Ntim Fordjour Ghana Jollof selective enforcement in the handling of Ms. Bafoh's case. Speaking on JoyNews’ Newsfile on Saturday, September 19, Fordjour argued that the circumstances surrounding the Salomey Awiti Bafoh false news charge raise serious questions about whether the law is being applied uniformly to social media users across Ghana's political spectrum.

Fordjour specifically criticized a police press conference where a video linked to the "Ghana Jollof" account was reportedly played. He questioned the police's decision to publicly highlight Ms. Bafoh's alleged activities while, in his view, failing to apply similar scrutiny to other prominent online commentators. He cited US-based Ghanaian commentator Kevin Taylor and other unnamed individuals, suggesting they have also circulated material that could potentially violate laws governing false publications or offensive content. The MP's core contention was not whether authorities have a legitimate interest in investigating online content, but rather whether the same legal standard is being applied to everyone, irrespective of their political leanings.

The Assin South MP directly challenged the application of Criminal Offences Act 1960 Section 208, questioning if it disproportionately targets individuals critical of the current government. He explicitly asked whether the section applies exclusively to those perceived as opposition supporters or critics, while commentators favorable to the governing National Democratic Congress (NDC) are effectively left unscrutinized. This line of questioning underscores broader concerns about Ghana political selective prosecution.

Beyond the issue of selective application, Rev. Ntim Fordjour also voiced apprehension regarding the manner of Ms. Bafoh's arrest. He highlighted her status as a mother of four young children and questioned the circumstances under which she was transported from her home in the Bono East Region to appear before a court in Accra. Furthermore, concerns were raised about claims that Ms. Bafoh was denied access to her lawyers during certain stages of her detention, though these claims and the precise details of her legal representation require verification through official channels and court proceedings.

The MP's central argument underscored that the enforcement of laws governing false publications should not be contingent on an individual's political affiliation. This case, involving Barbara Asantewaa Kodua Ghana Jollof and the subsequent arrest, signals potential challenges to Ghana false publication law enforcement, particularly concerning online content and political commentary. The accusations of selective enforcement highlight the complexities of regulating digital speech, especially with the rise of platforms like TikTok, where Ghana TikTok false news can spread rapidly.

This development suggests that future prosecutions under Sections 20(1) and 208 of the Criminal Offences Act may face increased scrutiny regarding the equal application of the law and due process. The ongoing proceedings involving Ms. Bafoh could set important precedents for how authorities navigate the delicate balance between combating misinformation and upholding principles of fairness and non-discrimination in a politically charged environment.

This development signals potential challenges to false publication prosecutions in Ghana, particularly concerning online content and political commentary, based on arguments of selective enforcement. Lawyers defending clients accused under Sections 20(1) and 208 of the Criminal Offences Act should monitor this case for precedents regarding equal application of the law and due process.

Source: Original reporting via Emmanuel Tetteh