Lawyer Charles Owusu Juanah Condemns Arrests of Abronye, Others as “Criminalization of Free Speech”

Lawyer Charles Owusu Juanah, Chairman of Friends of Bawumia (FoB 08), has condemned the arrest and prosecution of NPP Bono Regional Chairman Kwame Baffoe, popularly known as Abronye DC, and social media commentator Mahama Aminat, describing the actions as a criminalization of free speech and an attack on Ghana’s democracy.

Speaking at a press conference in Accra on Tuesday, May 26, 2026, Owusu Juanah said Ghana has progressed too far in its democratic development to return to an era where citizens are arrested and detained for expressing political opinions or criticizing public officials.

“The ongoing prosecution and detention of Mr. Kwame Baffoe, popularly known as Abronye DC, raises serious constitutional and democratic concerns that every freedom-loving Ghanaian must speak against,” he said. Reports indicate that Abronye DC has been charged with offensive conduct and publication of false news over comments allegedly made concerning a judge.

Owusu Juanah said the case cannot be viewed in isolation. He cited recent arrests and prosecutions of other social media commentators and political commentators, including Sir-Obama Pokuase, Fante Comedy, AY, and Mahama Aminat, popularly known as “Bawumia Ba,” who was recently arrested and granted bail over alleged social media content described by authorities as threatening or inciting against the President.

“Freedom of speech is not a gift from government”

The lawyer argued that the prosecutions undermine constitutional protections guaranteed under the 1992 Constitution. He pointed to Article 21(1)(a), which guarantees freedom of speech and expression, and Article 162, which protects media freedom and prohibits censorship and government interference.

“Freedom of speech is not a gift from government. It is a constitutional right,” he stated. “The framers of our Constitution understood one fundamental principle: democracy dies when citizens become afraid to speak.”

Owusu Juanah referenced the 2001 repeal of Ghana’s criminal libel law through the Criminal Code (Repeal of Criminal Libel and Seditious Laws) Amendment Act, Act 602, calling it one of the greatest democratic milestones of the Fourth Republic. He said the repeal was intended to ensure that political criticism and dissent would not be criminalized by governments seeking to silence opponents.

“The Constitution is supreme under Article 1(2), and any law inconsistent with it is void to the extent of the inconsistency,” he said. He added that civil remedies exist for reputational injury and that “democracy does not thrive through arrests and intimidation.”

Citing local and international law

Owusu Juanah drew on Ghanaian and international jurisprudence to support his position. He cited _New Patriotic Party v. Inspector-General of Police_ [1993-94] 2 GLR 459, in which the Supreme Court held that constitutional freedoms cannot be suppressed through administrative or executive intimidation, and _Tommy Thompson Books Ltd. v. State_, which reinforced freedom of expression as a cornerstone of democratic governance.

He also referenced Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights, and Article 9 of the African Charter on Human and Peoples’ Rights, all of which protect freedom of expression and political criticism. He noted that courts in the US, UK, South Africa, and India have held that public officials must tolerate higher levels of criticism because they exercise public power.

“Public office does not grant immunity from criticism. Indeed, democracy requires scrutiny of judges, ministers, presidents, police officers, and state institutions,” he said.

Warning to state officers

Owusu Juanah urged police officers, intelligence agencies, and other state institutions to exercise caution in carrying out politically sensitive directives. He warned that officers who unlawfully arrest or violate citizens’ rights under political instructions could face personal civil and criminal liability in the future.

“Following orders has never been an absolute legal defence under constitutional jurisprudence,” he said. “State officers must remember that their primary oath is to the Constitution of Ghana, not to a political party, not to a sitting President, and not to any temporary government.”

He cited examples from South Africa after apartheid, Latin American dictatorships, and post-military regimes in Africa where public officers faced accountability for abuses committed under political influence.

Call for action

Owusu Juanah called on the Ghana Bar Association, civil society organizations, the media, religious bodies, human rights advocates, and citizens to defend the Constitution.

“This nation belongs to the people of Ghana, not to any government,” he said. “President Mahama must understand clearly that Ghanaians will not accept intimidation, selective justice, suppression of dissent, and political victimization disguised as law enforcement.”

He concluded that the strength of a democracy is measured by how it tolerates criticism, not praise.

“Today it may be Abronye DC. Tomorrow it could be a journalist. The next day, an activist. Then eventually, the ordinary Ghanaian. This is why all defenders of democracy, irrespective of political affiliation, must speak against the dangerous criminalization of free speech.”

“Ghana must never become a Republic where political disagreement becomes a criminal offence,” he said.