Arrests of critics in Ghana spark alarm over free speech under Mahama

Accra, Ghana – Ghana has seen 14 arrests linked to false news and offensive speech in less than 16 months, a figure nearly double that recorded during the previous administration's entire eight-year term, according to the Media Foundation for West Africa (MFWA). This rise has ignited a sharp debate in one of West Africa's most stable democracies regarding whether authorities are merely enforcing long-standing laws in a new digital environment or moving toward a more restrictive stance on public expression.

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The opposition intentionally sponsors people to insult the President. When the law catches up with them, they cry persecution to score cheap political points.

The controversy carries significant political weight, especially since President John Mahama, during his time in opposition in 2022, warned that using state power to intimidate dissent was a "dangerous blueprint" for democracy. A senior ruling party official dismissed allegations of a crackdown, telling Al Jazeera, "The opposition intentionally sponsors people to insult the President. When the law catches up with them, they cry persecution to score cheap political points."

This official pointed to the case of TikToker Prince Ofori, known as “Fante Comedy,” arrested last August for alleged threats against President Mahama. The official noted that Ofori appeared at an opposition rally days after his arrest, suggesting how quickly such cases become politicized. "They paraded him at an opposition rally," he said.

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They paraded him at an opposition rally.

Opposition leaders, however, perceive a more troubling trend. Minority leader Alexander Afenyo-Markin stated, "The state-sponsored persecution must stop. Arresting citizens for words that do not constitute genuine threats is not justice. It is intimidation." While acknowledging that free speech has limits, he argued that the state is increasingly overstepping boundaries. "Excessive use of state power risks undoing Ghana’s hard-won democratic gains," he warned.

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The state-sponsored persecution must stop. Arresting citizens for words that do not constitute genuine threats is not justice. It is intimidation.

At the heart of the debate are provisions within Ghana's Criminal Code and Electronic Communications Act. Government supporters argue the increased arrests reflect the proliferation of anonymous and unregulated online content. Critics contend the issue lies not with the laws themselves but with their application. A legal consultant reviewing recent cases identified at least 16 alleged misapplications of Section 208 in the past 18 months, compared to about a dozen in the previous eight years. "The law has been abused beyond repair," he asserted. "Repeal is the only remedy." Veteran journalist Ben Ephson suggested Ghana needs clearer guidelines on the boundary between free expression and harm, urging the government to "properly explain the arrests so people can draw the line between press freedom and responsible journalism."

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Excessive use of state power risks undoing Ghana’s hard-won democratic gains.