Mahama Govt Reintroducing Criminal Libel Law – Afenyo Markin

The Minority Leader in Parliament, Alexander Kwamena Afenyo Markin, has accused the Mahama-led government of gradually reconstructing “a criminal libel regime under the guise of criminal prosecution of political speech.”

Addressing journalists at the NPP headquarters in Asylum Down, Accra, on Sunday, 17th May 2026, the Effutu Member of Parliament said the arrest, prosecution, and remand of New Patriotic Party Bono Regional Chairman, Kwame Baffoe, known as Abronye DC, represents what he called a constitutional outrage.

He stated that the development signals a dangerous return to state control of expression, warning that Ghana is witnessing the re-emergence of practices that undermine free speech.

According to him, “the arrest, prosecution, and remand of a citizen for words spoken in the public square is not justice. It is persecution.”

Afenyo Markin argued that while civil law provides remedies for defamation, it is being abused when political speech is turned into criminal prosecution.

He further questioned the legal basis for the charges against Abronye DC, who is standing trial for offensive conduct likely to cause breach of the peace and publication of false news.

He insisted that the foundation of the case rests on a social media video in which the party executive criticised a Circuit Court judge, adding that such expression falls within constitutionally protected free speech.

On the bail ruling, the Minority Leader described the court decision as deeply troubling, arguing that it effectively punished the accused based on anticipated conduct rather than proven wrongdoing.

He said, “A citizen imprisoned not for what he did, but for what he might say is not law. That is censorship from the bench.”

He also raised concerns over the decision to remand the accused into the custody of the Bureau of National Investigations, stating that such action raises questions about political intimidation.

Afenyo Markin questioned the absence of a certified remand order several days after the court ruling, insisting that any deprivation of liberty must be supported by proper legal documentation.

He said failure to produce such an order would amount to a breach of constitutional protections under Article 14, which guarantees personal liberty.

The Minority Leader also drew historical parallels, claiming that recent prosecutions mirror past eras when criminal libel laws were used to silence dissenting voices.

He argued that although Ghana repealed criminal libel laws in 2001, the current trend suggests a return through the use of provisions under the Criminal Offences Act.

Afenyo Markin maintained that civil remedies exist for defamation and warned against what he called the deliberate criminalization of political expression.

He listed a series of recent arrests involving opposition figures, arguing that they reflect a broader pattern of intimidation.

He called on Parliament, the judiciary, and civil society to intervene and urged the High Court to examine the legality of Abronye DC’s detention.

The Minority Leader said the opposition will resist any attempt to silence dissent, adding that Ghana’s democracy was built to protect free expression and must not be reversed.

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