The New Patriotic Party (NPP) has condemned the continued remand of Salomey Awiti Bafoh, a principal nursing officer and mother of three, and raised concerns about how the Adenta Circuit Court is handling her case.
The party described the decision by the court, presided over by Justice Angela Attachie, to remand Madam Bafoh for an additional two weeks as a serious concern after she was arrested in Techiman, brought to Accra, and allegedly held incommunicado for several days.
In a statement signed by NPP General Secretary Justin Frimpong Kodua, the party said the prosecution earlier alleged she was linked to the “Ghana Jollof” social media account and was being investigated in connection with an alleged plot to overthrow the government.
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However, the prosecution presented a different allegation the following day — abetment of publication of false news under sections 20(1) and 208 of the Criminal Offences Act, 1960 (Act 29).
The party said the change in the prosecution’s case raises questions about the basis for Madam Bafoh’s continued detention.
The NPP expressed concern that Madam Bafoh had already spent about a week in remand while investigations were reportedly continuing.
“Pre-trial detention must not become a substitute for investigation or punishment before conviction,” the party said, citing Section 96 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) that bail conditions must be reasonable and that bail should not be withheld as a form of punishment.
The party questioned the territorial jurisdiction of the Adenta Circuit Court, noting that Madam Bafoh resides in Techiman.
It challenged the prosecution to establish the specific alleged act of abetment that occurred within the jurisdiction of the Adenta court.
The opposition party also expressed concern about what it described as an emerging pattern of politically sensitive cases involving social-media commentators and government critics being brought before the same court.
The NPP said this concern should not be interpreted as an attack on judicial independence.
“While we respect the constitutional independence of the Judiciary, judicial independence must be accompanied by impartiality, fairness and strict adherence to due process,” the party stated.
The NPP raised a question about whether the Adenta Circuit Court is being used by the prosecution, allegedly in concert with the Chief Justice, Justice Paul Baffoe-Bonnie, to pursue what the party referred to as an agenda linked to President John Dramani Mahama.
The NPP called for the immediate review of Madam Bafoh’s continued detention and her admission to reasonable bail.
The party also demanded that the prosecution clearly establish the legal and territorial basis for the charge before the Adenta Circuit Court and called for full respect for Madam Bafoh’s constitutional rights, including her right to personal liberty, the presumption of innocence and a fair trial.
The NPP urged the Chief Justice and the Judicial Council to take note of what it described as growing concerns surrounding politically sensitive cases before the Adenta Circuit Court.
The party also called on the government and security agencies to desist from what it described as the use of the criminal justice system to intimidate or silence citizens who criticise those in power.
“The NPP will continue to defend the constitutional rights and freedoms of every Ghanaian, irrespective of political affiliation,” the statement said.