Ghana arrests 14 critics in 16 months, sparking free speech concerns

Accra, Ghana – Ghana has recorded 14 arrests over fake news and offensive speech in less than 16 months, nearly double the total under the previous administration's entire eight-year term, according to the Media Foundation for West Africa (MFWA).

The increase has sparked a sharp debate in one of West Africa's most stable democracies: whether the government is simply enforcing long-standing laws in a new digital landscape or moving toward a more restrictive approach to public speech.

The controversy carries extra political weight because President John Mahama, when he was opposition leader in 2022, warned that using state power to intimidate dissent was a “dangerous pattern” for democracy.

Government: Enforcing the law, not suppressing

A senior official from the ruling party rejected claims that the arrests amount to a crackdown. “The opposition deliberately pays people to insult the President. When the law steps in, they cry persecution for cheap political points,” he told Al Jazeera.

He cited the case of TikToker Prince Ofori, known as “Fante Comedy,” who was arrested in August last year for allegedly threatening President Mahama. Days after his arrest, Ofori appeared at a political rally alongside opposition figures, showing how quickly cases become politicized.

Opposition: A warning sign for democracy

Opposition leaders see a more troubling pattern. Minority leader Alexander Afenyo-Markin has been among the most vocal critics. “State-sponsored persecution must end. Arresting citizens for words that pose no real threat is not justice – it is intimidation,” he told Al Jazeera.

He acknowledged that free speech has limits, but argued the state is exceeding them. “Abusing state power risks destroying Ghana's hard-won democratic gains.”

Where is the line?

At the heart of the debate are decades-old provisions in Ghana's Criminal Code and the Electronic Communications Act, which the administration says are being applied to the fast-growing digital environment. Government supporters argue that the rise in arrests reflects the explosion of anonymous, unregulated online content.

Critics counter that the problem is not the laws themselves but how they are used. A legal consultant reported at least 16 cases of misuse of Section 208 in the past 18 months, compared to about a dozen in the previous eight years. “The law has been abused beyond repair — repeal is the only solution,” he said.

Press freedom and blurred lines

Veteran journalist Ben Ephson said Ghana needs clearer guidelines on where free expression ends and harm begins. “The government must adequately explain the arrests so people can distinguish between press freedom and responsible journalism,” he said. He warned that both journalists and state institutions risk overstepping if the rules remain vague.

Broader global debate

Many observers say Ghana's debate mirrors tensions playing out in other democracies. Tegha King of Universal Peace Federation Ghana said civic space globally should foster more free speech, not less. He called for stronger institutions — independent courts, transparent enforcement, journalistic self-regulation, and digital literacy — rather than more arrests to manage the pressures of the digital age.

Public awareness and overseas concern

Some analysts identified a gap in Ghanaians' understanding of their constitutional rights. David Adofo of the African Content Production House said, “People must know the consequences of their actions before they act, not after.” Concern has also been expressed from the Ghanaian diaspora. Nana Kofi Opoku-Agyemang of the NuGhana Diaspora Center said, “Bad news spreads fast. The government must be careful not to create a negative image of Ghana in the diaspora community.”

Government stance

Officials insist there is no coordinated effort to silence dissent. An NDC party spokesman defended the approach, noting that statutes such as Section 208 of the Criminal Code and Section 76 of the Electronic Communications Act have existed for decades. “What has changed is the volume of reckless, anonymous, and sometimes dangerous content on social media. There is no systematic crackdown — simply the enforcement of existing law,” he said.

A political paradox

Ghana remains one of West Africa's most open democracies, with a competitive political system and a vibrant media environment. But the rise in speech-related arrests has intensified scrutiny over how much state interference in online discourse is acceptable without undermining the democratic culture that defines the country's reputation.

The debate is sharpened by President Mahama's own past. When he was opposition leader, he described using state power against dissent as a “dangerous pattern.” Now his government faces allegations of the same practice he once condemned. Alexander Afenyo-Markin urged restraint and reflection: “President Mahama has a chance to leave a legacy of tolerance and free speech. I hope he takes it.”