
The Rights Accountability Network Africa (RANA) has raised concerns about the arrest, detention and prosecution of Salomey Awiti Bafoh, warning that the handling of the case could have implications for freedom of expression in Ghana.
In a statement issued on September 30, 2026, the organisation said freedom of expression did not exempt anyone from criminal liability, but stressed that any allegations against the accused must be determined through due process.
Salomey Awiti Bafoh has pleaded not guilty to the charges against her and remains entitled to the presumption of innocence until a competent court determines the case.
RANA said its concerns extended beyond the eventual outcome of the trial to the broader implications of how speech-related offences are investigated and prosecuted.
The organisation cited Article 21(1)(a) of the 1992 Constitution, which guarantees freedom of speech and expression, and argued that citizens should be able to participate in public debate and criticise authorities without facing disproportionate criminal processes.
Concerns Over Arrest and Pretrial Detention
RANA said lawyers for Salomey had alleged that she was arrested late at night at her home in Techiman and transported to Accra, with her family initially experiencing difficulty determining where she had been taken.
The organisation also noted that she had remained in pretrial detention while investigations continued.
However, RANA acknowledged the prosecution’s position that Salomey allegedly assisted in disseminating material considered false and inflammatory, and that concerns had been raised over witnesses and digital evidence.
It said the competing claims should be resolved through the judicial process.
According to RANA, the use of arrest, detention and prolonged criminal proceedings in cases involving political or public expression could have consequences beyond the individual accused.
It warned that citizens who observe such cases may become reluctant to share political material, participate in online discussions or openly criticise public officials for fear of attracting criminal proceedings.
Calls for Review of Speech Laws
RANA said Ghana should maintain a clear distinction between legitimate political criticism and conduct involving genuine threats, incitement to violence or other established criminal offences.
The organisation called for any restrictions on expression to be clearly defined and for coercive measures to be necessary and proportionate to the harm authorities seek to prevent.
It also referenced standards of the African Commission on Human and Peoples’ Rights concerning restrictions on freedom of expression, including its call for African states to review criminal restrictions on expression.
RANA urged authorities to respect Salomey’s constitutional rights, including access to legal representation, personal liberty, the presumption of innocence and a fair hearing within a reasonable time.
It further called for the investigation into the case to be completed expeditiously, consistent with the direction it said had already been given by the High Court.
The organisation also urged continued judicial consideration of whether the objectives cited to justify detention could be achieved through bail conditions or other less restrictive measures as investigations progress.
RANA called for transparency regarding the circumstances of Salomey’s arrest and transfer, including where and when she was arrested, the agencies involved, where she was held and when her family and lawyers were informed of her whereabouts.
It also proposed clearer guidance for law-enforcement and prosecutorial authorities on when activities such as sharing, redistributing or facilitating online content could result in criminal liability.
Beyond the individual case, RANA called for a broader review of Ghana’s criminal speech laws, particularly Section 208 of the Criminal Offences Act, against the constitutional guarantee of freedom of expression and Ghana’s obligations under international human rights instruments.
The organisation stressed that its position was not that authorities should overlook genuine criminal conduct.
Rather, it said Ghana’s constitutional system should be able to investigate alleged offences while protecting lawful political expression.
RANA said the strength of freedom of expression should ultimately be reflected not only in its constitutional protection but also in whether citizens feel able to exercise that freedom in their everyday lives.
