Inconsistency in applying laws on false publication problematic – Barker-Vormawor

Oliver Barker-Vormawor, Constitutional Rights and Policy Strategy Advisor at Democracy Hub, has expressed concern over the inconsistency in the application of laws pertaining to false publication and offensive speech in Ghana. On JoyNews’ Newsfile, he emphasized the need for law enforcement agencies to apply the same standards to similar conduct, irrespective of the political leanings or perceived sympathies of the individuals involved.

Barker-Vormawor highlights his constant criticism of the lack of consistency in the enforcement of laws against false publication and offensive speech.

His comments follow the arrest and remand of Salomey Awiti Bafoh, a 40-year-old senior nursing officer, over her alleged connections to UK-based TikTok user Barbara Asantewaa Kodua, who is known as “Ghana Jollof”. Bafoh was apprehended at her Hansua residence on September 13 and subsequently appeared before the Adentan Circuit Court, where she pleaded not guilty to charges of abetment of crime, specifically related to allegedly publishing and disseminating false news.

She was denied bail and remanded for two weeks, with the case set to be heard again on September 30.

The prosecution claims that Bafoh acted as a liaison for Kodua and assisted in recruiting others to share videos created by her. Barker-Vormawor acknowledges that some of the content attributed to Kodua might merit investigation, but he argues that similar standards should apply to other public figures who have made controversial statements online.

He questions the lack of criminal action against individuals connected to the alleged funding of Kodua’s TikTok account. Barker-Vormawor insists that merely identifying financial transactions on a phone is insufficient to establish that the money was intended to support criminal activities. He insists that investigators must establish a direct connection between any financial support and the alleged criminal conduct.

Barker-Vormawor also brought up the issue of selective enforcement of laws on offensive speech, pointing to public figures who have made controversial comments without facing similar criminal investigations. He asserts that the problem lies not in agreeing with the content of the speech but in whether the state applies the law uniformly.

His remarks come amid growing debate over freedom of expression and the use of criminal law to regulate online communications following Bafoh’s arrest. He urges authorities and the courts to ensure respect for constitutional rights, including privacy and due process protections, throughout investigations and prosecutions.