Ghana Jollof case: Prof. Asare raises legal questions over prosecution of Salomey Baffoe

Legal scholar Prof Kwaku Asare has raised several questions about the prosecution's case against senior nursing officer Salomey Awiti Baffoe. This follows Baffoe's arrest on September 13 and subsequent remand for two weeks in the Adenta Circuit Court. Baffoe is charged with abetment of crime, specifically the publication of false news, under Section 208 of the Criminal Offences Act, 1960 (Act 29).

Prof Asare asserts that his concerns are based solely on the amended charge sheet and police brief facts available to him. He has not watched the videos central to the case. Baffoe was charged for allegedly assisting Barbara Asantewaa Kodua in publishing false news on TikTok, which allegedly incited violence and threatened government overthrow.

Prof Asare questions whether the prosecution's evidence sufficiently establishes the particular offense for which Baffoe has been charged. He argues that the prosecution must demonstrate that Baffoe intentionally assisted, encouraged, or facilitated the commission of the specific offence she is accused of abetting. Specifically, Prof Asare questions the existence of a false statement, rumour, or report, why it was deemed false, and whether Baffoe knew or believed it to be false.

He also queries the alleged role of Baffoe as a liaison for Kodua, questioning if the prosecution has identified and proven the exact acts she performed in this capacity and the criminal purpose behind them. Prof Asare contends that merely serving as a liaison does not automatically constitute abetment. He highlights that the prosecution must connect Baffoe's money transactions to her alleged role in the publication of the false news.

While acknowledging that the prosecution isn't required to present all its evidence in a charge sheet, Prof Asare insists that an accused person must be provided with sufficient information about the allegations they are expected to answer. He emphasizes that the investigation may uncover further details. However, the current documents do not provide sufficient information, he claims.

Prof Asare also questions the continued detention of Baffoe. He notes that while the law permits a court to deny bail due to specific risks, such as the possibility of absconding, interfering with witnesses or evidence, or obstructing investigations, these risks must be demonstrated. He argues that "national security" and "ongoing investigations" are not sufficient reasons for imprisonment.