Abronye Arrest Controversy: Experts Clash Over Free Speech, Law & Political Targeting | Big Issue

Hinzugefügt: 2026-05-23

[00:00:03]I must say that I don't agree with the content of those speeches, the insults, huh the curses, the threats. I don't agree with them.

[00:00:16]But there is a section of it that is being um targeted which is dangerous.

[00:00:24]So if somebody threatens to kill another person that falls within a separate domain.

[00:00:31]If the police service come in and the police come in and they decide to use the laws of the state to investigate and find out whether this person has the capacity, whether he meant it and whatever that I don't have any issue with. But that is just the exception which some hypocritical base of people are trying to shift all the argument to the threat which is there by one or two people. There have been many instances where people made comments that are deemed only defamatory.

[00:01:07]Somebody alleges that Ashanti regional minister and some other ministers were involved in Galami.

[00:01:15]If these comments are false, the regional minister can sue for defamation.

[00:01:22]But they use the police to harass and target these people.

[00:01:28]Somebody was uh made a comment on a WhatsApp platform say is this can this person call himself a DC in the northeast region and we have a police letter inviting that person.

[00:01:41]A journalist published as an exccept of analysis number 12 video and somebody feels agrieved and instead of suing this person for defamation, they use the police, they arrest this person, they detained him for a long time, eventually nothing came out of it.

[00:02:02]So the point I'm trying to make is that there are limits to free speech. As I sit here on Monday, I will be cross-examined in court.

[00:02:14]I have been sued for defamation.

[00:02:17]Between 2015 and 2025, I was sealed 15 time sorry 11 times for defamation.

[00:02:26]Four of them were two cases h from two uh sorry plaintiffs. That's one person suing twice.

[00:02:37]But the first seven when I filed my defense all of them discontinued the cases.

[00:02:45]But at the time of filing the seal they said what I had published was false.

[00:02:50]So S if in each of these occasions this person didn't seal for defamation but rather decided to use the police to arrest me, lock me up, take me to a judge who attitude is a disgrace to the court more than what Abra said and I'm put on in remand for a number of weeks.

[00:03:20]and then eventually gets my freedom.

[00:03:22]Another person seals, sorry, is agreed and I'm arrested and put within that same period. I would have ended up suffering incarceration 11 times when a majority of these people at the time of shouting that I published falsehood knew I was right and I could defend my actions in court. So the point I'm trying to make is that there are avenues to deal with grievances when someone's publication or speech does not favor you.

[00:04:01]On February 11, 2022, John Ramani Mahama wrote a letter, an open letter to then President John uh sorry, President Adangu.

[00:04:15]That letter is still on uh Facebook, his Facebook wall as we speak.

[00:04:22]And in that letter now, President Mama is telling Akuad to stop oppressing journalist and oppressing free speech.

[00:04:34]And a paragraph says, "President," I'm quoting what President Obama said, "You cannot continue to oppress the people, criminalize speech when these matters are essentially civil in nature.

[00:04:51]What we are experiencing are essentially civil in nature." But they know that if they see you, they're not going to make any headway. Let's use the police to teach them where power lies as they say in our local parlance and you have certain judges and I say this again that what Abbron said any reasonable person in this country who knows Abony wouldn't look down on the judiciary just because of what he says. they are more likely to look down on the judiciary because of the actions of judges who just throw h citizens in remand when the there's no actually a reason to do that.

[00:05:37]So the point I have been trying to make which many people some know but they are trying to just shift their attention is that we are in a country of laws. So in this case of ina in this case of the the fight the minority has against the circuit court judge nine who remanded abra DC you think that that should not have happened >> the remand should not have happened when I look at that I'm not a lawyer but when you look at that charge sheet and you apply a bit of common sense one until Abra said this I don't I didn't even know that he had said many Ghanaians didn't know until he was charged. The law on publishing false news doesn't just say if the news is false. They say if it has a potential to cause fear and panic.

[00:06:31]How many Ghanaians panicked because Abra on some obscure platform said something about the judge and if what he said was contemptuous, a contempt of court proceeding may have been brought or he might have been cited for contempt of court. It is not the police who would come and say that what he said was false and that it could result in it would cause fear and panic. No.

[00:06:57]>> Man, I have a question. I have a question for you. Should we draw a line between >> political activists taking to a media platform either traditional which is TV or social media and making comments that are insulting, offensive and derogatory?

[00:07:13]Should we lump all these people simply because they are behind the screen and call them media people and say journalists under attack or we should separate party activists doing media propaganda from a journalist like you and I who would use a traditional platform or even if it's a new media platform but who are guided by ethics of the GJA for instance >> what I wrote to the former president is not about journalists and attack. I said media freedom. Media freedom. Sorry, I said freedom of expression. Sorry, freedom of expression.

[00:07:50]>> Every Ghanaian is entitled to freedom of expression.

[00:07:54]Every Ghanaian when you express yourself, you are to be held responsible for what you say. Mhm.

[00:08:04]>> And you can if it's the person is a journalist or media, you can take the person to the media sorry media commission or you can sue them. If it's a private citizen and then you find their comment offensive, defamatory, you can seal them. So the point I'm trying to make is that there is a broader issue of freedom of expression and not just the media. In the past administration, it was more of a attack against journalists. But now I think I know of only one journalist who was arrested and detained. But many of them are party activists. And sometimes they would tell you that well we have to sanitize space and others. But if you look at their own uh system when PP was in office, Abra could insult and get away with it could sit on TV and threaten somebody when even a person was killed, nothing happened to him. Okay? Because his party was in government. Today, Abbron is not doing something different. It is just because his party is in opposition. Do I defend what he say? No, I think everybody deserves to be respected. I cannot go on radio and if I have a problem with I may disagree with him. I have to disagree with him. I cannot insult him, lie about him and then say all manner of terrible things about him and his family.

[00:09:35]>> Okay. But the point still remains that even today there are NDC people and persons who are believed to be linked to the NDC or speaking in favor of the NDC who insult, who vilify, who denigrate, who threaten all manner of persons including former president Kufur.

[00:09:59]>> Okay. Such people are held as heroes >> within a certain rank of the NDC who are saying we should cross crucify abroad.

[00:10:07]So the point is that the law against false publication is being used to target members of the opposition and critical voices against the government.

[00:10:20]It didn't start today. It happened in the previous administration. Some of us wrote copiously about it. It is happening now and we should not keep quiet and we should not allow certain people to just say oh it is about threat threat. How many of those people arrested if you look at it list the media foundation published that in this period of mama more people have been arrested using that law in the than the entire sorry um nad era.

[00:10:50]>> Okay that's why >> and it isn't true that all of them are threats.

[00:10:54]>> Okay I got it. Let me come back in studio and I'll go back to Gordon. Um Lantig they said that the goodwill that you have been enjoying you are killing it by this arrest and that sometimes you know this pro where they say there are some things that the dog will see and be barking when the cat sees it just looks away look away >> and you would be you would be a decent you know person in power. Well, um I think that um our good will will dwindle or perhaps be enhanced based on the performance of the government in general >> and not necessarily on isolated arrest of people who um are alleged to have committed some crime of a sort. I mean this some of these things are being heightened and the the the tempo is heightened because political actors are involved. uh we have been in this country where other persons who are not linked to any political party have been arrested and we did not see this amount of uh public uh outcry and some and particularly public outcry has been coming from some particular corders because their persons have been touched their deities and their gods have been touched >> I mean uh someone like Agrada who came under the non-chalatanic um advertisement law which is a law in respect of free speech Mhm.

[00:12:09]>> That is meant to protect public safety and order.

[00:12:15]>> And when Agraada was arrested, prosecuted, convicted and sentenced, the almost the entire country clapped for the system.

[00:12:25]>> Yeah.

[00:12:25]>> The judiciary, the police. In fact, nobody even applauded the government.

[00:12:28]>> And when the bail was re when the when the con >> when the conviction was angry, people were angry. So, so the level of hypocrisy when it comes to political actors and sometimes the impression we want to give because it affect us sometimes for me I think it's not fair we have laws in this country um I I I find it very difficult to even appreciate the position of manas my brother because what are you saying the laws are there shouldn't you enforce the laws we have laws like section 208 we have laws on section 7 76 But when when laws are obnoxious, you don't use them.

[00:13:05]For instance, there's a law that says you should hang people or kill people when they are found guilty of certain offenses. Since Rollins, we have not used it because the law is there, but we don't use it. So that's a point that has been made that the law may be there. If it's a bad law, remove it or at least don't work on it.

[00:13:21]>> It will interest you to know that that particular law on death sentence has been repealed.

[00:13:25]>> Yes. Recently.

[00:13:25]>> So, so once repealed, it is no more law. But who who determines that a law is obnoxious? Who determines that a law is not? A law is a law. It is in our criminal code. It's part of our laws. It is to protect our safety. We were in this country one time when somebody put out some information that there's going to be a earthquake earthquake or something of a sort that caused people to move out of their homes >> and to line up on the streets.

[00:13:56]No. Long before long long long people come and enter people long this midnight. Yes. People came out of their homes with their bags with their belongings >> out of fear praying and all.

[00:14:10]>> I mean in that circumstance it is not a political actor. It's not someone who is connected to the public to the to a political party but this an individual out of mischief or whatever reason is has put out some of these things. And so it is for the safety of you and I that we have these laws. We may be worried that it is they having too many arrest lately, but arrest in general is not a bad thing. It is what follows after the arrest. Mind you, the police could exercise their discretion after an arrest to grant bail almost immediately.

[00:14:44]After taking your statement, after cautioning you, you could be granted bill either by self-renance by asking you to bring shorties and ask you to go and come back. We have we have had cause to complain lately because of the post arrest issues, the remand and other things that follow. But you see, I am even particularly worried that we are making we are making a hero out of Abra when indeed we should be telling Abra that he should be responsible for his words. you should be responsible for his recklessness. We start in this country on 14th April was sent to court. Baba Mando was sent to court. They were reminded 2 days after they went to the high court. They were granted bill right after that in May. You go attacking this judge and making certain statement you are dragged to court. I appreciate that the we have the option of in instituting criminal contempt for his action but there we still can find grounds in the criminal law to prosecute him. Indeed if you say that even the prosecution is wrong it is in in yours in his favor because if the police are unable to prove their case he walks away freely.

[00:15:55]So if you say that you have been charged with the wrong law good for you let go to court and defend yourself. Eventually you walk away because you they will not be able to establish any criminal [clears throat] offense against you. But in the case of Abra where he has already appeared before a judge and come back again when you are on bail, one of the key factors which I repeated here last week is that you are supposed to hold yourself not to commit a similar offense because it's a condition of your bill that you are likely not to commit a similar offense whilst you're on bail. And so if you are brought before a judge on the same issue, the judge in exercising his discretion, I heard man say even applying common law, a common sense. You don't apply common sense in criminal matters. We apply principles. There are guideline principles guarded by section 965 of act 20 act 30 that requires that a judge in granting bill will look at certain factors whether you have a permanent place of abboard whether you are likely to commit your offense whether you interfere with witnesses and other persons whether you have shities who are independent minded to stand in short to stand in for you >> and whether you make yourself available or you are a flight risk. So if the court considers all these factors >> and whether if you are released you go and commit another crime, >> you commit a similar offense and so if the court considers all these factors and comes to the conclusion that you are not qualified for bill, so be it. I am more surprised and and and disappointed in persons like um Afen Markin when he when he went out attacking the judge just a while ago about two years ago in parliament. Afraid Markings was the same person who was telling the whole world that there's no way that the executive can ever influence the judiciary and that inaccuratisms of the judiciary. We should be mindful of our words. We should be mindful of the things we say.

[00:17:45]What has happened? Where is the principle that he stood on to make those comments >> that was another executive different from this current executive. That's what he wants to say.

[00:17:53]>> Appreciate that that executive at that time may not be able to influence it.

[00:17:57]But he went on forget about the issue of interference. He went on to say that we should be mindful about how we speak against the judges, how we speak judiciary because eventually we need to uphold the judiciary and there are rooms there are further rooms for you to seek redress where you are disappointed at one particular point. What happened when they went to the high court? Didn't the high court consider issues of bill and granted bill >> and so there are avenues for us. I mean we are unnecessarily raising the tempo and it's for me a very big disappointment when it has to do with political actors. These laws as we have them are for the protection of you and I. See even in America where free speech is guaranteed where we all copy most of our democratic tendencies from. They also have limitations to free speech.

[00:18:46]You can't go out there and just put things out there. They have limitations.

[00:18:50]You see our laws to the extent that if you start propagating certain things that are immoral that will result into hate speech >> inside the public or conduct yourself in manners that would create problems which can't sit back and say go to court and sue in the civil action.

[00:19:10]We need to protect the public. Some actions are not against individuals that I can have a course of action to go to court and sue you in a defamation action. Some of them are against the entire public safety. And so how do we how do we ensure that these things don't reoccur? It is to continue to enforce the law. For me, we should continue to encourage the police to enforce the law, but they must be mindful in handling post arrest issues. Post arrest issues means that when you have assessed the situation and the person qualifies for bill granting bill also arresting the the thing is that you have become on intolerant then I mean they make the point and I'm going to I'm going to let Gordon speak so that I'll give you a response I'll allow you to respond to him because they have said that it's a direct attack on their their criticism of doomsaw is back and all of those things I want to hear from Gordon then I'll come back and give you a right of response um how How is the what did you say? [laughter] >> I've not gone to parliament yet.

[00:20:14]>> Maybe you go for assembly. [laughter] I got I am how how is the MP personalizing the commitment of crimes? Which crimes have been spelled out in our statute books and the persons are being prosecuted for engaging in that? Why is your party owning crime?

[00:20:36]We are not owning crime. We are only speaking against infringement on human rights. That's what we are doing. And we are also speaking against discrimination on the application of the law.

[00:20:48]There are some people in the country have said worse things than what Abony and others have said including myself.

[00:20:54]You heard a media person sitting on his television station saying or making allegations that some uh police commanders in a certain region have issued out guns to criminals to embark on armed robbery? Haven't you heard it? Have they been arrested? Has that person been arrested? In fact, there was another NDC social commentator who said on radio that an appointee of President Muhammad was the one sponsoring the Boku conflict.

[00:21:30]He said it. He said he was the one even supplying them with guns and now today he is the one in charge of small arms.

[00:21:40]He said all these things in recent times the police never heard it. Cyber security they didn't hear it signals bureau didn't hear it that is the discrimination we are talking about and we will not sit down for the it to perpetrate we won't let me tell my brother it is as if the president has issued a factor against voices of dissent let me read a certain story to your hearing we will fish out we will fish you out president one's online hate speech preaches that was 8 months ago that President Muhammad has stated that government has deployed a system to identify persons who hide be behind social media to preach hate online. Then the quotation is here. So I am sending a signal to Ghanaians that we can find you. You you those engage in hate speech and things we will use your IP number.

[00:22:36]We will trace you and when we trace you, we will deal with you under the criminal code for inciting violence and disturbance of the peace.

[00:22:46]We should celebrate. We should celebrate that. Or what he said is good. No, no, no, no. I haven't gotten to that that that part.

[00:22:53]>> Okay, get there. Listen, what what he just said, what I just read to you is akin to most of the pronouncement by dictators and tyrants. We in a democracy.

[00:23:03]>> Oh, how Gordon. He said that. So, so, so, so, so you are against the one checking that people don't engage. You said what? Hate speech. Read that quote.

[00:23:12]What did he say?

[00:23:13]>> Read hate speech. M >> so if you want you want people to be allowed to propagate the hate speech on social media >> that is what I have said I'm making a commentary on the pronouncement but but almost the factual by the president let me tell you what Abra said even though on for myself I may not say it as you as you put it >> because you you think that because I think that is not a professional way to say things on a media platform you are a media host and a panelist and an editor >> yes certain things that people have said and they've been arrested. I will never endorse most of them. Okay? But that does not mean that they should be criminalized and they put behind bars.

[00:23:54]What Abra said, I'm not going to quote it. BUT HOW DOES THAT PROMOTE his hate speech? How does that disturb the peace of the country? That is the ridiculousness of the interpretation of the law.

[00:24:08]Okay. So if if you are not careful there may be a time maybe a Christian may find himself in a densely populated Muslim community and they said oh Jesus Christ is the so and so and so and then the the police can go and arrest the person that what you have said he can disturb the peace of the of the country or somebody can say his holiness Muhammad is this oh this is a predominantly dominated Methodist people and what we are witnessing is unheard And I'm so ashamed of the president to the extent that because he is a member of the Ghana Journalist Association. I'm sure you a member of good standing. When we went to vote the last time, President Muhammad was in the books. He he was he was supposed to be a voter, a member of the Ghana Jisting intolerance like this. How can you arrest somebody in Sunani and bring him to Ara? Don't we have circuit courts in don't you have high courts in a high court everywhere they have the same we only have one high court in Ghana do is it that high courts in Ara are more superior than high courts in orim or they have politicized it I will only caution a lot of people that please where we are be measured in whatever that you see whatever that you are going to say Just liken it to your mother or your father or yourself or your wife or or husband that if somebody said that thing about your mother or your father, will you be happy? That has always been my standard. But the the constitution also guarantees free expression. Some people can express their views. I mean a certain manner very unpalatable to you.

[00:25:57]But that does not mean you have to criminalize it.

[00:26:02]All this is that they look you you remember I was also arrested.

[00:26:05]>> Yep.

[00:26:06]>> I was also arrested by the by the OSP. I don't want to go into it because I found it very ridiculous. But look what Abra said >> was it related to free speech or you were engaging in corruption because OSPD is corruption and corruption related matter.

[00:26:22]>> Fantastic question. It was related to free free speech free expression as a media person. And can you imagine that when I was arrested >> what what did you what did you say for which reason you arrested? Oh, I can I can easily say it. Um, a certain matter came up and then I said that I once heard that the OP told government then government officials under that his job was a high risk job and that he would love to even be given a private jet so that he does not endanger the lives of onboard passengers. He said it to some people. That's that's what my source told me.

[00:26:55]>> So you repeated it.

[00:26:58]I I said it on air >> then the OSP invites me >> but I I I'll commend him. He didn't come to my office to come and arrested to come and arrest me. They came here met my absence and then when I got rid of that I took the number and called them.

[00:27:14]Okay. So I drove to the office of the OSP myself.

[00:27:19]We had a conversation. They said they had arrested me but they were looking for the source of that information. And I told them that when I said that one on air, how does it amount to corruption and corruption related issue? How [laughter] >> you had that information?

[00:27:38]>> You had information to prevent corruption and you didn't you didn't provide information to prevent corruption. That's >> which corruption [laughter] was that? I didn't I didn't include any corruption to him.

[00:27:48]>> I didn't do that. Moreover, and I told him and I told the prosecutor, Mr. Basint.

[00:27:55]Okay, I told him that. In fact, I didn't even say I didn't claim on air that the OSP was demanding a private debt from a private citizen. If I had said that, then I could impugn some corruption somewhere.

[00:28:08]But I said he was demanding he was he made that demand on the government and it was the government that set the the office up. So I think we should take it easy. The way people are hellbent on showing people some small it will end. That is why a lot of a lot of our people are also insensed by this unranted arrest. And they are also saying that when the table turns when the table turns you can you you realize that this is a major refrain. Now when the table turns we are going to do worse things. When the table turns but to what end?

[00:28:46]If we are not careful, we may get to the tipping end and we may not survive it.

[00:28:50]And so it is incumbent on President Mama. It is incumbent on him to let them stop whatever they are doing.

[00:28:57]>> Okay. Very well. Let me let me bring it.

[00:29:00]So So Lant you've heard him. It is a government problem and you have to fix it. For instance, bringing Aona from Bono region to Ara. Why would you have to do that? So you've politicizes and that's why they think that it's a polit an attack on their party.

[00:29:13]>> Very well. I think they have some genuine concerns and those concerns are fair and good. I mean it's always important to put the matters proper. I mean where it is wrong it is wrong. When they brought up Brona from Bono region to greater Accra the I don't think that it was any government who did that. The police exercised their discretion to do so. Police headed by the inspector general of police appointed by >> that means that the lawyers for Abra could have raised issues of jurisdiction >> but >> they could have they could have raised issues of jurisdiction that listen the crime you are you alleging to have been committed well committed in Bono region and so this court has no jurisdiction let the matter be transferred to the appropate court of jurisdiction to all the arguments he has put out there are reasonable arguments you can put out in the courtroom in any forum to defend yourself they are genuine and they are Now to create the impression that it is this government that is criminalizing free speech is very wrong. These laws we are talking about were not passed by the current government. For you to say that this government passed these laws and is using them to target people. These are laws passed in 1960 section 208 of act 29 the section 76 of the electronic communication act was passed under the government >> 28 >> to exactly. And so to create the impression that these are new laws and things that we are doing now to to and we are using same to criminalize and target them. It's wrong.

[00:30:40]>> They told the diplomatic community that you have forgotten that the criminal liel law was repealed by president Kufo when he was attorney general. Now you are bringing a new version and that's why [clears throat] >> we are not bringing a new version. These laws have always been there. This >> never used them for 8 years. It has always been used. As a matter of fact, in the last 8 years of in the last 8 years when Nado was president, these laws were used. People were punished. We were arrested. We we under see in 2024 a branch executive of the NDC was convicted in Cipos High Court for 10 years for publishing falsehood. In fact, a matter of fact, a circuit court for publishing falsehood and spreading falsehood. And so it is not as though these laws are being used now. There are several examples in the past. But I have always said that one of the best ways we can move forward is to stop comparing.

[00:31:32]>> Okay?

[00:31:32]>> If we start certain examples that you did worse things and you got away with it and so we also do worse things at what point will the country grow?

[00:31:39]>> Very well.

[00:31:40]>> We must start owning up to responsibility. Listen, let's tell our people be responsible in your comments.

[00:31:47]Be watchful in what you say. Let the police do their work. Let the judicial do their work. But they should do so in fair and candid manner so that we can continue to have a a safe environment.

[00:31:58]We we don't think that these laws are just targeted at political actors. I have repeated and I keep saying again there are persons who are not connected to politics who could fall foul to any of these laws. What should the police do? Should they fold their arms? See, one of the most vulnerable part of our society is religion. We have people out there who own TV stations, who own places and are speaking and saying things that are affecting our poor mothers and fathers at home. And some of these things the police should activate the laws and use it. I was very happy when I got that was picked up because I have seen several other religious persons propagating issues about what they can do. We have had situations where people defund him by force.

[00:32:41]>> Absolutely. We have had situations where people have incited some community, some ethnic groups against others. See what we saw in Rwanda, we are not far from it. The only good part of Ghana is that we have several multiple ethnic groups that it's very difficult to put our heads against each other.

[00:32:57]>> But when we start some of these things, we've seen similar small small community issues happening and that is why we don't have to encourage it and we have to allow the law to work. The police must continue to do their work. My concern and my call is that whenever the police arrest they must where bail is can be granted they should go ahead and grant bail and when the person is placed before court and he meet bail conditions the court should go ahead to grant bill but where he fails to meet bail conditions we must also appreciate it and let us go to other forums to seek redress council I want your input too and while we talk about that I want you to also talk more about the bail condition thing so yesterday another person who was also engaging in similar comments was granted bill she's is a 26 year old Tik Tocker. Uh, funny enough, her surname is Muhammad. She said they should kill President Muhammad and she's been granted bill to the one tune of 1 million cities with two shorties. One of them should be a government worker who is receiving at least 5,000 cities monthly as salary. Um, what do you make of that? Should we be heavy in cracking down on on attacks like that or we should say no, this is free speech. So, where do we draw the line? your personal opinion that the the the issue you're facing right now for me is a and the comments that people that you who have had terms of being part of government the proper sense was parliamentarians are also government >> you understand having part of government and have been ted with the responsibility of shaping the system or creating a culture that will guarantee us the purpose for which why We talk about ourel the 1992 constitution as an admitting that they failed in creating the institutions that will ensure that the purpose for for for which we took upon ourselves this constitution will be will be fulfilled. Mhm.

[00:34:48]>> You see why did we take this constitution for ourselves in the first place? In my opinion, the purposes were three. One, to protect our lives, to guarantee us our right to our liberties and our right to personal happiness.

[00:35:05]You you understand? Now to do this the constitution first of all created powers and created institutions in institutions that will ensure that the purpose for our constitution will be fulfilled and so for instance we talk of rights to freedom our constitution article 21 created rights fundamental rights >> and in article 164 limited those rights so the rights the constitution created are not absolute >> they have fitters and the Same constitution created those fetterss. Now some of these fetterss can be criminal, some can be h civil because one of the fetterss is that you have a right to speak but you don't have a right to use that right in a manner that will undermine somebody's reputation. That one the feta is can be enforced through civil civil civil action and the other fetters like you cannot use the power of free speech to uh impact public morality or national security. the feta [laughter] there is criminal and so in my opinion the section 207 of our criminal act is one of those fetterss to our right of free speech and there's nothing absolutely wrong with section 207 208 of a criminal law there's absolutely nothing wrong with it because it is one of the ways in which the constitution the article 164 uses to serve as a fetter on the right to free speech also The judiciary is another institution that has been created to guarantee for us uh these rights and and and when you understand that this constitution is or this democracy is a constitutional democracy essentially limiting the powers of government uh so that the purpose for which we took up this constitution can be fulfilled. And so when you take the judiciary they first [snorts] of all created the constitution first of all created a judiciary created different courts and also created powers that each court has.

[00:37:11]So for instance you see the high court has original jurisdiction over all civil and criminal matters but they didn't stop there. It also gave the high the high court a supervisory jurisdiction over the lower courts. And so whenever you go to court for sector you are using one. So when I hear first of all first of all the arrest issue how the police because the police arrest the police arrest but because of the of constitutional democracy they cannot pronounce conviction they take it to the court for the court to assess. The court do not bring matters to themselves. They have to exactly so that if you really the focus of people in power is to fulfill the purpose of this constitution then their first inclination will be to strengthen the institutions that the constitution created to guarantee for us these rights. Now one of the critical issues that has happened in this country over the years and especially over the last 8 years was how we have deliberately weakened these institutions. So for right now you have a police force which is more partisan than the country itself.

[00:38:22]>> Really >> you recall chairman the MPP chairman you know the leak tape I think 2023 or 2024 >> I said in the police they have NP police.

[00:38:33]>> Yes. and NDC police and there was discussion as to how they going to use the police to impact you recall >> is it boo you >> also recall that last regime you heard the interior minister at that time talk about how the slaughterism the concept of slaughterism cuz this constitution we should be promoting to institutions we should be promoting the concept of meritocracy that's again slaughterism so if you follow the MPP primaries the last primaries the key campaign promise >> was the promise of slot vote for me as MP and I promise I'll give you uh 40 slots, I'll give you 50 slots. Now, what's the consequence of that? The consequence is that we have we've put into the police >> people who necessarily do not have the capacity >> protocol >> protocol. So, we've weakened this institution of the party. So where a matter has been brought to you the police and they say and you or you've gone to arrest or you've heard something do you even have to do you even have the capacity to decipher whether or not it fulfills the requirements of section 207 cuz section 207 requirement is not just about a statement being false that statement must be one that will cause fear and panic you understand the police who is going to arrest somebody believing that the person has committed an offense must understand the the the requirements of those offense but I'm One clearly you see that our police do not have that capacity cuz in 2024 my friend hope was arrested on this same fear and panic issue >> you understand they invited him he went himself and then they kept him they logged him when he went to follow up the police told us that oh it's not aso it's others from above >> now the point is that if you are there on merit and if you understand your powers cuz that adds up to the strength of the institution then no call from above >> you should should make arrest somebody when you do not believe in that person having committed an offense.

[00:40:25]>> If you like, don't listen to the call for but that's why I'm see that they have deliberately weakened the institution. Second, you take the the the judiciary cuz they don't bring matters.

[00:40:37]>> So you take the case.

[00:40:39]>> Now we all know that when judges give their judgment, it constitutes an opinion. And the court the constitution itself recognizes that because is a is a the people who interpret the law use the law are human beings they will make mistakes and that's why the constitution deliberately in creating jurisdictions also created certain jurisdictions whose purpose really is to serve as a check and that whenever you go on you go to court trying to invoke any of the check jurisdictions and I'm talking about appate jurisdiction supervisory jurisdiction review jurisdiction the person invoking those jurisdiction is criticizing >> the decision of the of the court and high court because the supreme court also has a supervisory juration over decisions of the high court you >> I mean the court lower than the court >> exactly okay yeah so that if you are in government and if your tax is to enforce or strengthen [laughter] these institutions for the purpose of one protecting the purpose for which we set up we we told ourselves a constitution in the first place. Behave in a manner that suggests one that you do not trust in the institutions that two you you e you want to even undermine that institution cuz let's take the judge.

[00:41:59]What was the basis for the judgment the judge give? The judge says that I'm not going to grant bill because per section 96 of our constitution when I'm considering whether to give bill or not >> 96 of the act of act 20 >> act 30 [laughter] act 30 I should consider whether or not if I grant this person bill the person is likely >> to commit an a criminal act again [clears throat] a offense now there's record that upon having been granted bill >> has been brought back to him I do not agree with the judge's uh ruling per se. Personally, I don't agree with first of all his keeping [laughter] him in remand over what to a misdemeinal charge and two he the statement that [laughter] if it is true that he actually made that statement that he should be kept there until the ruling is he said it was an allegation in the judgment he said go to the to the next agendy trial they Fantastic. But I even disagree with but that's why.

[00:43:03]>> Okay. So you don't think it is wrong but you don't agree with him? other group and and I think the proper >> step to have been taken in criticizing that is not unnecessary and irresponsible commentary go on appeal or evoke the swab advisory judic but for a minority leader to stand in public >> and make the kind of statements he made for me represent not just a a a dishonorable act by an act that goes against the oath he [laughter] took himself cuz he took an oath to be faithful to Ghana. He took an oath.

[00:43:38]>> Which of the oath? As a lawyer or as an MP?

[00:43:40]>> As an MP. He took an oath to be faithful to Ghana. What's the meaning of that?

[00:43:44]Mean that you're going to be faithful to the ideals of Ghana. [laughter] You're going to be faithful to the purpose of Ghana. You're going to be faithful to the institutions we've created.

[00:43:51]Understand? To fulfill the purpose of Ghana. Now when you make that statement as the minority chief leader of parliament of of the minor chief leader >> and for somebody who's who who's who's been in parliament for more than 12 years >> who has been who's had the the the rare opportunity to shape in building this institutions whose focus is to guarantee us the purpose for which we took ourel this constitution makes those statement to to Ghana and two let let me Two, what is the essence of a big political party being having a lot of MPs going to plead to diplomatic call >> community >> that e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e was what was e the laws of Ghana are being infringed. What kind of statement are you are you are you >> you're reporting >> for a sovereign country? Yeah, >> for a sovereign country when indeed you have been given the opportunity because NP has been power for 16 years.

[00:44:54]For 16 years >> out of 30 >> out of out of the 30 half more than half and having failed >> failed radically because what I'm saying is that what what I'm saying is that over the past 32 years all of us are [laughter] >> THEY FAILED THEY FAILED RADICALLY to build the instit in a UK party. I'm a Ghanaian party party. I've told you that my allegiance first of all is to the country.

[00:45:23]>> Okay, >> you understand? Having failed radically to aid in building the institutions that will guarantee us the purpose of this constitution. Shamelessly, shamelessly and in an act that is unfaithful to Ghana as a sovereign, Ghana as a leader of the Panaffrican world. You go and say what? When you have power, you have you've had the power to strengthen the institutions.

[00:45:49]>> You're not in power now. So >> you for 16 years and and also you see there's a second leg to argument. I beg you not >> my my time.

[00:45:56]>> No no well you give everything to I don't know you loved too much but you don't have the answer. [laughter] >> I was to love because you gave almost more than half of the time to because you see there's something very critical >> to sustain democracy in every country.

[00:46:10]To sustain democracy, you need to create the right political culture. But that's the only way in which you can guarantee for yourself the rule of law. You understand? And in creating that right political culture, you must understand that ultimately the the the the that job lies on the on the on the on people in government on government. But the political parties because of the system you have have a huge role to play in that cuz you know my brother here made a very good point about sometimes the grassroot all this h misunderstanding is because of the f of NCC but also because of the f of the political parties to drive a a a or to deliberately educate their members or to take programs that will make people understand or create the right political culture. that will hold political leadership accountable. You understand? And tolerate diverse views.

[00:47:03]Tolerate diverse because that's the problem now.

[00:47:05]>> Okay.

[00:47:06]>> You understand? So for that party to take the steps they taking instead of using this as an opportunity for us to drive a discussion understand that would cause us to strengthen our institutions cuz that's the key here. Understand?

[00:47:20]strengthen police, strengthen the Jew, strengthen media, strengthen create that right political culture and we do that then we can be guaranteed of the rule of law and will not be having. So shame on you MP that shame on you are the temperature you are the thermometer of the country.

[00:47:43]What is your thinking generally? Is it is the thinking generally that the government is is gagging free speech >> or it is too early to start saying that?

[00:47:53]>> No, it's not too early but we haven't been to the field to measure that specifically.

[00:47:57]>> Okay.

[00:47:57]>> Um but I think no government should take pride if this kind of narrative continues because it's going to be drip drip drip drip before it start to affect the overall uh uh people's sentiment and gradually become an issue for you to address. I think people have raised genuine concern about the way some of the laws have been applied by the police. I have I heard Oliver Bakav making a statement that uh he thinks the application of section 208 must be left with the AG not the police. You could have an overzealous police people trying to show powers and we've known that we know how politics have permitted through even security systems. You may have seen another prosecutor who is probably pro MBP or proNDBC [clears throat] and he will take the law in his own hands trying to be unreasonable when he could have been reasonable. Now I think certain things have to be done. There should some reforms in the light of what is going on. Um yes people are guaranteed the right of free speech but they should be responsible in the way that speech is exercised [snorts] and again the lawyers have spoken the intent and the purpose and then the ability to really uh do a de that speech must be taken into account. Um somebody said I I would organize a coup and it's from my village. I mean you know that person has no capacity to do anything. You can't just pick him because he said that because he will be a criminal. All right. But then with all clear intention and purpose, you know that this guy is just fooling. So they should be measured in the way these cases are brought to court and and and prosecuted. You have to be very careful especially when it involves politician. Then it's very important that the AG must look at the cases very critically because it could end up being what could create bad uh image for the government and I don't think they should let that they should let that continue.

[00:49:48]>> Very well. Thank you so much. That's Moses's view. I'm going to wrap up.

[00:49:51]Before I do so, I want to just bring some of the messages for I hear all from all of you. The messages that have been sent through.

[00:49:58]Um, okay. So, apostles of so-called free speech. When in government, former president Kufur denied all courtesies of former President Rollins because as indicated by former President Kufur, JJ was criticizing and spoiling his name anytime he traveled outside the country.

[00:50:13]That's a typical example of PPP's vindictiveness towards opposing parties operatives. This it's India. It is India dead. That's Papa Bisu of Spinex in Ara.

[00:50:25]This one from um uh Chachu Kata Jr. in W West constituency. He says free speech is never under attack in Ghana. Let us be very clear about that. What the PPP calls an attack on free speech is simply the law taking its course. Every democratic constitution guarantees free speech but also uh sets clear boundaries on the abuse. Um this one okay uh it says there are countless audio visuals on NDC members who constantly denigrated and some even wish death on the then president Akuad and most members of his administration yet we didn't uh see the harassment like he's been done now. I hope and pray this anti-democratic style is not repeated under the next MPV government led by Dr. Bomia. Nowadays our parents even warn us not to post anything about this government on social media. How did we get here? That's quiry renos in aa bin. You can also send your message z um and and we'll read it for you here on the big issue. Let me get my final views from my from my guest before we end the conversation and I'll start with you man. So the difficulty now is should we separate free speech or should we say that free speech is free speech whatever wherever regardless and if the person doesn't have capacity. So for instance the lady who said kill president Muhammad Mame that person we should just say oh chal is just nonsense talk she cannot do it so let's allow her to be and what should be the magnitude of the gavo or the hammer that we use to attack the ants that comment on these matters.

[00:52:06]>> Thank you. This is a very important question sand. when you look at the the laws were I think made long ago before social media came in. So the equation changes a bit when uh people can go on Tik Tok. Now in the past there used to be certain guard rails against certain extreme speeches but now there are no longer editors to block some kinds of things. So anything goes. I tend to agree with what Musa Danga said. If anybody makes any threatening comment, especially against the president, it is incumbent on those in charge to try to investigate elsewhere, they would investigate, look at the capacity, the seriousness of the person and then if they think the threat level is worth acting on, I don't have a problem if they take that person on. But if you go to my Facebook post for instance, there are many people who come there every day. you are very lucky the MP people didn't kill you. I wish you were killed and all of those things. I see them every day. But there are certain kinds of threats that you want to act on.

[00:53:16]>> But but is it not is it not I don't know I not making a certain point where they say if I've seen some of them they say man say you run away to South Africa because they wanted to kill you. So this time you have not run away. So why are you saying that free speech is under attack and that the worst things happened and that this one there's nothing cry >> well when democrac democracies fail they don't fail in a day there is a gradual process when it started in a certain regime it started gradually and then heightened to a degree that we all complained about and so the point I'm trying to make is that we shouldn't say that because it is not yet up to the level of the previous administration. We shouldn't complain. And I'm one person who I've said over and over again that when it comes to tolerance, I trust President Mahama without doubt.

[00:54:12]My problem is that he shouldn't sit down and allow these things to continue. And this is the same thing he told former president Kufu, sorry, President Kufaru that he's silenced. And I just want to h just bring one example. You see the other issue is also just about the application.

[00:54:32]Somebody was jailed in 2024 a blogger named Jeffrey Yam and this person said that if you sent you had a dollar account and he wanted to withdraw they would give you cities. So he was arrested this law of causing fear and panic it could have economic implications. So he was arrested and then jailed. Then we had uh somebody who also made a similar comment this time in 2025 Isaac Adongo who is the chairman of parliament's finance committee and board member of the bank of Ghana his words carry weight and he said quote if you put your dollars in the bank account it is okay we are happy with that you can only get dollars if needed if indeed you are going to use them for dollar denominated transaction. The central bank's role includes regulating the use of legal tender and a number of things otherwise so when you request dollars will provide you with cities.

[00:55:38]This the central bank released a statement that show that it is false.

[00:55:42]>> Now he's not been arrested. Of course this could cause fear and panic and shake the economy especially when the government is trying to stabilize the city. But he's not arrested.

[00:55:54]>> Okay. Okay.

[00:55:55]>> The point I'm trying to make is that there is this >> in under 30 seconds for me. So we can move.

[00:55:59]>> Yes. I agree that the law should be used sparingly but because it is frequently abused and we cannot trust either the NP or ND. When NP was there, they used it. Now they only crying because they in opposition.

[00:56:14]>> Trust me, if they win the 2028 elections, they will come and do it. So those of us who are not deep into that politics, we should speak up anytime we see this.

[00:56:25]>> Okay. Thank you so much, man. Gordon, Gordon, I'm giving you just a minute and a half uh to wrap up for me. What's your party going to do next?

[00:56:33]>> All right. I'm told that I not have Gordon. I want to give you the last because you are Mr. Government in the studio. Ma, moving forward, how do we deal with this?

[00:56:43]>> I think we need to be more tolerant.

[00:56:45]>> We should stop arresting people. I think for those kind of comment if they have no capacity to undertake what they are threatening um but we also have to increase education on social media it's a new form of media new form of freedom people don't understand the consequences of their action on social media I'm sure they know what they are saying and it's good to catch one person love the person ser they think that putting a camera on you make a fame by making some statement is okay but there are consequences I mean some of them are very naive to be very honest with you they think they are cing the affection of their party and their party members and that the party must crack the whip because they doing this in their name and it it doesn't go well.

[00:57:25]>> Okay, lawyer we shouldn't make examples of people.

[00:57:27]>> Oh no, we should enforce the law.

[00:57:28]>> I think we should enforce the law without fear of fa but I think that's in my opinion that's the least of this issue. I think the biggest issue is we need to deliberately create a right political culture. You see the the the the function of government isn't is isn't just the economy. You understand?

[00:57:48]But I think we need to use leadership to also create the right political culture.

[00:57:52]A culture that would tolerate diverse views and hold political leadership accountable. That's the only way we can guarantee for us the rule of law and sustain this democracy.

[00:58:00]>> Gordon, as as a party, how far are you willing to push this? You're going to complain to the diplomatic community so that they will do what?

[00:58:12]Gordon, I think you you've muted yourself.

[00:58:17]>> Calling for Hello Sand.

[00:58:20]>> Yes, I can hear you.

[00:58:22]>> Sorry for the for the change in I was in the studio when I called earlier. I've just turned out so that's why I've seen my I don't want any from you. [laughter] >> Concern. Go ahead.

[00:58:35]We only call for fairness. H we should allow the state institutions like the police, the C to excite disc who to arrest. A lot of the arrests are ridiculous and so embarrassing to even the office of the IGP. Some of the arrest will you want to find out ah will the IGP sit down with the C boss and say why this arrest think politicians should be off this issues. If you feel that you have been defamed, go through the the civil route and then justice will be dispensed.

[00:59:05]>> That would be your position as a party.

[00:59:07]And then we are hoping that if you come back to political power, you wouldn't repeat some of the things you seeing which you are saying are wrong.

[00:59:16]>> If it continues, I cannot guarantee that.

[00:59:20]>> Gordon wish you all the best. Thank you so much. Yes. Well, I I I for me I think that the hypocrisy of the of the NPP should be put out there completely. They had 8 years to rule this country.

[00:59:31]>> That's why it came for reset. You have come to reset. All their laws hold on there. If they this all these laws they talking about were not passed yesterday.

[00:59:40]>> They they they had this laws when they were in power. They had the power at the time to push for them. They were rather the ones who felt that it was important to use this laws. And if today the laws are being enforced, it should be enforced. My concern is that uh sometime we are we are worried about um uh the police and their actions but I think an any arrest at any time is good. We only have to watch what the police do with arrest so they don't abuse the rights of people. I mean the police may not see one thing we have to be careful about is to encourage the culture of impunity where people make statements and get away. We have a challenge here where now social media people think that they'll get more likes, they get more trends when they make certain silly comments or certain irresponsible comments and get get away with them. But if we are not careful, some of these comments will build a culture where we will not be able to handle when it gets out of our hands. And so the what the police continue to do should be encouraged.

[01:00:38]What we need to do is that don't abuse the rights of people when they when you arrest them. Let the law take it normal course. Apply your discretion but don't be too hard on them.

[01:00:49]>> But the arrest will continue.

[01:00:51]>> I think the arrest should continue. How do you enforce the law without arresting?

[01:00:54]>> Leave it. Let it be.

[01:00:56]>> We cannot have a situation. So what's the sense of having the law if we are not going to enforce the law? Because yesterday when it was enforced >> if you're not careful then then others other even other laws laws that are in respect of stealing falsification uh defrauding by false pretense will come to a point they say why you why are you enforcing why why would you select particular laws to enforce and then for some laws you said this laws I won't enforce them we have a country governed by rules laws and regulations the laws must work but we must ensure that we don't abuse use the rights of people.

[01:01:32]>> Okay, thank you so much council. That's Lampik Aanga, deputy CEO of the gaming commission. He represents the National Democratic Congress on the show today.

[01:01:42]Uh you