Prof Kwaku Asare questions legal basis of case against senior nursing officer linked to ‘Ghana Jollof’

Legal scholar Professor Kwaku Asare has voiced concerns over the prosecution's case against senior nursing officer Salomey Awiti Baffoe, who has been held in custody for two weeks. Baffoe is accused of abetting the publication of false news on TikTok under the anonymous ‘Ghana Jollof’ account. Asare examined the court documents but noted they did not clearly demonstrate how Baffoe allegedly facilitated the specific offence.

Baffoe was arrested on September 13 and appeared before the Adenta Circuit Court. She faces charges of abetment of crime, specifically publication of false news, under sections 20(1) and 208 of the Criminal Offences Act, 1960. The police allege Baffoe aided Barbara Asantewaa Kodua in publishing and circulating false news on TikTok, including a video threatening government overthrow and burning Ghana.

Asare questioned the description of the videos under the police brief, arguing that offensive, inciting, and threatening statements do not equate to publishing a false statement, rumor, or report under section 208. He pointed out that a mere threat does not constitute a false statement or rumor. Asare also queried whether the documents identify the exact statement, rumor, or report alleged to be false and explained how Baffoe knew it was false or why she assisted in its publication.

He further questioned what Baffoe specifically did in her role as 'liaison' and how any alleged payment connected to the false news publication. Asare argued that 'liaison' could only amount to abetment if Baffoe purposefully assisted in publishing the false news. He noted that the money received or distributed could be relevant but must be linked to the purposeful facilitation of the specific offence charged.

Asare acknowledged the prosecution does not have to provide all evidence in the charge sheet but argued that the accused must receive reasonable information about the accusation. He noted that the investigation might provide the missing particulars, but currently, the documents available do not.

Asare also questioned the basis for Baffoe's two-week remand, citing national security concerns and the ongoing investigation. He stated that the court must identify any concrete risk posed by releasing Baffoe and consider if such risk could be mitigated through appropriate bail conditions. He noted that the police describe Baffoe as a nurse from Techiman but the available brief facts do not mention any previous failure to appear, attempt to flee, destruction of evidence, or threat to a witness.