Agyapadie Document Publishers Must Face The Law – Owusu Bempah Demands Immediate Action

Over the last couple of days, Ghana has seen politics of deception and media tyranny elevated on top our national discourse. That pushback sits at the heart of the fictional and ficticious Agyapadie publication released on www.awakenewsroom.com, and flowing from this is the mercenary politicking of the opposition National Democratic Congress(NDC).

The 38-page document, which lacks an identified author, prominently features the Okyenhene, Osagyefo Amoatia Ofori Panin on the cover, with President Nana Akufo-Addo and his late father on the subsequent page.

The document is believed to outline strategies for how a particular ‘family’ or ‘clan’ plans to establish dominance and control various sectors including the economy, politics, media, judiciary, telecommunications, and banking.

On Thursday, August 1, 2024, President Akufo-Addo addressed rumours regarding this document and dismissed its content.

Chapter 5, Article 21 of the 1992 Constitution provides all persons the right to freedom of speech and expression including freedom of the press and other media.

Additionally, Chapter 12 of 1992 Constitution of Ghana is devoted to freedom and independence of the media, where Article 162 of the Chapter highlights the freedom and responsibilities of the media.

The 1960 Criminal Offenses Act 1960 (Act 29) specifies that any false publication that has the tendency to cause public unrest is a misdemeanor. It adds that ignorance of the falsehood of the publication is not a defence unless the person proves reasonable measures that were taken to verify the content prior to its publication. The sender or forwarder of any false communication is without any excuse even if the person was not the originator of the message.

Section 208 (1) states:

“A person who publishes or reproduces a statement, rumor or report which is likely to cause fear and alarm to the public or to disturb the public peace knowing or having reason to believe that the statement, rumor or report is false commits a misdemeanor”

And Section 208 (2) states:

“It is not a defence to a charge under subsection (1) that the person charged did not know or did not have reason to believe that the statement, rumour or report was false unless it is proved that prior to publication, that person took reasonable measures to verify the accuracy of the statement, rumour or report.”

Again, the Electronic Communications Act 2008 (Act 775) specifies that it is offensive to knowingly send false communication which has the potential to put the safety of people at risk or be detrimental to the efficiency of life saving services, via any electronic means. By engaging in the act and subjecting oneself to the legal test in section 76, that person would be liable for the offence.

Section 76 (1) states:

”A person who by means of electronic communications knowingly sends communication which is false or misleading and likely to prejudice the efficiency of life saving services or to endanger the safety of any person commits an offence”.

Section 76 (2) states:

“A person is taken to know that a communication is false or misleading if that person did not take reasonable steps to find out whether the communication was false, misleading, reckless or fraudulent.”

I therefore call for an investigation into the entire Agyapadie publication and those believed to have orchestrated the publication to be fished out and followed up with a view to punish them in accordance with the relevant sections of the criminal offences Act.

It is alleged that key players in the NDC, the likes of Dr Omane Boamah, Okudzeto Ablakwa, Abraham Amaliba and Edudzi Tamakloe have a thing to do with the document.

The publishers of the Awake news and their collaborators have developed a penchant for the publication of fake news because they always gets away with it regardless of the magnitude of such evil lies they peddles.

As a country we cannot look on for the NDC to always peddle brazen and wicked falsehood and later turn around to say this is politics.

On this current issue, the publishers of the Awake news must be subjected to the full rigors of the law to deter them from hiding behind social media to create confusion in the system.

The Inspector General of Police, Dr George Akuffo Dampare, as a matter of urgency must arrest the the people behind the publication of this fictional document and bring them to face the full rigours of the law.

Ernest Kofi Owusu Bempah
Deputy Director of Communications, NPP