The Circuit Court Judge Bright Acquah has explained the reason behind the New Patriotic Party (NPP) Bono Regional Chairman, Kwame Baffoe, popularly known as Abronye DC, being remanded in police custody.
Judge Bright Acquah detailed that while Abronye DC’s charges are misdemeanours, the remarks attributed to him had national security and public order implications.
According to Judge Bright Acquah, under two different regimes, the court has been consistent; he pointed to consistency in past cases under former President Akufo-Addo and President John Mahama.
Judge Bright Acquah explained, “It is always said that all persons are equal, but in practice, it is not so. Courtesy George Orwell in his book Animal Farm, one of the commandments is that all men are equal, but some are more equal than others. Translated into this case, all men are equal, but some are more equal than others”.
According to the Judge, freedom of expression in Ghana must be exercised responsibly, warning that if unchecked, insults could pollute the society and undermine national security.
He explained, “One of the codes of ethics for judges is that their decisions should be consistent. I have a case before me, The Republic v. Raphael Okai Ankrah, who appeared on May 16, 2023. He was an NDC sympathiser who openly insulted then-President Nana Addo Dankwa Akufo-Addo and was given a two-week remand.
Just about two or three weeks ago, another matter came before me, The Republic v. Emmanuel Kwakye, a journalist from Wontumi TV, and he was also remanded for two weeks. So, under two different regimes, the court has been consistent, and the court does not see why it should deviate from that consistency”.
The judge in the Abronye case argued that while criticism of policies is acceptable, direct insults against individuals in authority are not.
He cited Section 96(5)(a) and (c) of the Criminal and Other Offences (Procedure) Act, asserting that bail could be refused if there is a likelihood of the accused repeating the offence or failing to appear in court.
However, Social activist Oliver Barker-Vormawor has said Circuit Court Judge Bright Acquah, on the New Patriotic Party (NPP) Bono Regional Chairman, Kwame Baffoe, popularly known as Abronye DC, case is not fit to remain on the bench.
Vormawor highlighted that after reading the reasoning behind the Circuit Court Judge’s continued detention of Abronye, he sincerely believes he is not fit to remain on the bench as a judge.
The private legal practitioner is quoted by GHOne TV to have said, “After reading the reasoning of the Circuit Court Judge[Bright Acquah] on Abronye’s case, I sincerely and honestly believe he is not fit to remain on the bench”.
Vormawor’s remarks come after the Circuit Court Judge Bright Acquah explained that while the charges were misdemeanours, the remarks attributed to Abronye had national security and public order implications.
Meanwhile, the Lawyer for Abronye DC, Enoch Afoakwa, has revealed his client is on a hunger strike in police custody.
Enoch Afoakwa stated that Abronye is committed to democratic principles and is using the hunger strike to make a point about his treatment.
Speaking after his client was remanded into custody again, Enoch Afoakwa stated, “Abronye is a man full of life. He knows that this is just mere political persecution, and certainly he is hopeful that his liberty will be restored”.
“Yes, he is pursuing what he is pursuing in furtherance of democracy. Certainly, [he is on a hunger strike],” the lawyer confirmed.
He further added, “Once you are being handled this way, will you trust that the same people handling you in a manner as if you have committed a treasonable offence—when they give you water, will you take it? When they give you food, will you take it? Certainly, he needs to protect his life, and under the circumstances, that is the reason he is on hunger strike,” he said.
Additionally, Godfred Yeboah Dame, the former Attorney General and Minister of Justice, has fired the John Mahama-led government following the remand of Abronye DC.
Dame highlighted that even Ato Forson, Collins Dauda and Richard Jakpa got self-recognition bail when he was the Attorney General.
According to Dame, Abronye should have been granted bail because the allegations against him are a misdemeanour.
He asserted that the level of intolerance of the Mahama administration is very reprehensible.
Speaking on the matter, Godfred Dame stated, “The most important thing is that tomorrow the matter is coming up, and I’m sure the court would be minded to grant him bail. Even in the most serious offences I prosecuted in my time, the treason trial, on the very first day, all the accused persons were granted bail.
“I prosecuted very high-profile figures in the NPP: Collins Dauda, Ato Forson, and Richard Jakpa, who has been given a high position in this administration. All of them were granted bail with very, very flexible terms,” he said.
He added, “Ato Forson was given self-recognisance bail, Collins Dauda the same thing, even Jakpa, with all the difficulties, a Justice of the Supreme Court called me and I said let him be allowed to go.”
Dame further called on the government to be tolerant saying, “The level of intolerance of this administration is very reprehensible; it ought not to be condoned in any democracy.”
Read the full ruling below:
https://drive.google.com/file/d/1YmynkpN1O2eiqneuezKhwgxLOMjU5wpj/preview