Story by Eugene Nyarko Jnr. l NPP Headquarters, Accra l May 17, 2026
—
The Minority Leader in Parliament, Alexander Kwamena Afenyo-Markin, has strongly condemned the arrest, prosecution and remand of Kwame Baffoe, describing the development as a “constitutional outrage” and an attack on free speech in Ghana.
Addressing the media at the New Patriotic Party (NPP) Headquarters in Accra on Sunday, Mr. Afenyo-Markin argued that the Bono Regional Chairman of the NPP was being persecuted for expressing political opinions and criticising a judge in a social media video.
According to him, the charges against Abronye DC, including offensive conduct conducive to breach of the peace and publication of false news under the Criminal Offences Act, were legally weak and politically motivated.
“The arrest, prosecution and remand of a citizen for words spoken in the public square is not justice. It is persecution,” he declared.
The Minority Leader maintained that Ghanaian law already provides civil remedies for defamation and reputational damage, insisting that criminal prosecution in such circumstances amounted to political intimidation.
Mr. Afenyo-Markin questioned why criticism of a public official should be treated as a criminal offence, arguing that political criticism remained protected under Article 21(1)(a) of the 1992 Constitution.
He further criticised the decision by the court to deny bail to Abronye DC, describing it as unconstitutional and inconsistent with the principles of personal liberty and presumption of innocence guaranteed under Articles 14 and 19 of the Constitution.
According to him, the prosecution opposed bail on grounds that the accused could commit similar offences if released, an argument he said effectively punished a citizen for what he might say in future.
“A citizen imprisoned not for what he did, but for what he might say. That is not law. That is censorship from the bench,” he stated.
The Minority Leader also raised concerns over the decision to remand Abronye DC into the custody of the Bureau of National Investigations (BNI), now known as the National Intelligence Bureau, insisting that the matter did not constitute a national security threat.
He alleged that as of four days after the remand order was pronounced, no signed and certified remand warrant had been produced by the court registry, raising questions about the legal basis for the detention.
Mr. Afenyo-Markin said the alleged absence of a formal remand order could render the detention unlawful and called on the High Court to urgently intervene through the writ of habeas corpus.
He accused the Mahama administration of gradually reintroducing the culture of criminal libel through the use of Sections 207 and 208 of Act 29 to prosecute political opponents.
Drawing historical comparisons, he recalled the repeal of the criminal libel law under former President John Agyekum Kufuor in 2001, describing it as a landmark democratic reform spearheaded by former Attorney General Nana Addo Dankwa Akufo-Addo.
He accused the National Democratic Congress (NDC) government led by President John Dramani Mahama of attempting to recreate criminal libel “through the back door” by prosecuting critics under alternative legal provisions.
The Minority Leader cited several alleged incidents involving NPP members and communicators, including the arrests of David Essandoh, Abubakar Yakubu, popularly known as Baba Amando, and Alfred Ababio Kumi, also known as Adenta Kumi, as evidence of what he termed a pattern of political persecution.
He also referenced the attempted arrest of Assin South Member of Parliament, John Ntim Fordjour, after the legislator raised concerns about alleged suspicious aircraft movements into Ghana.
Mr. Afenyo-Markin urged the judiciary to remain independent and resist political pressure, warning against allowing the courts to become instruments for suppressing dissent.
“The culture of silence is not coming back to Ghana. Not now. Not on our watch. Not ever,” he stressed.
The Minority Leader demanded the immediate release of Abronye DC, a constitutional challenge against the prosecution, and parliamentary scrutiny of the actions of the police and intelligence services in the matter.
He also called on civil society organisations, the media and the legal fraternity to defend constitutional freedoms and freedom of expression in the country.
