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A legal representative of a New Patriotic Party (NPP) constituency organiser has raised concerns over due process and freedom of expression following the arrest of his client over an alleged case of false publication.
Speaking on the Asaase Breakfast Show on Wednesday (13 May), lawyer Enoch Afoakwa said initial circumstances surrounding the arrest of David Essendoh created confusion, with party officials initially suspecting a possible abduction.
According to him, Essendoh was picked up by unidentified armed men while standing in front of a shop, prompting concerns that he had been kidnapped.
“When the matter came to our attention, we contacted the Ghana Police Service and other security institutions, but none could confirm that he was in their custody,” Afoakwa said.
He explained that repeated checks with state security agencies initially yielded no information, heightening fears among party members and relatives.
It was only later, he said, that intelligence indicated Essendoh had been picked up by the National Signals Bureau and subsequently transferred to the Bureau of National Intelligence (BNI), where his presence was eventually confirmed.
Afoakwa said he later accompanied senior NPP officials to the BNI, where his client’s caution statement was taken in his presence.
He criticised what he described as the “high-handedness” of the arrest, arguing that such actions should not occur in a democratic society.
“This should be condemned in no uncertain terms. We have come of age as a country,” he said.
The arrest is reportedly linked to a social media post suggesting the return of power outages, commonly referred to as “dumsor,” which authorities are investigating as alleged false publication.
However, Afoakwa questioned whether such commentary meets the legal threshold for criminal liability.
“What makes the statement false? It does not meet the threshold for false publication,” he argued, insisting that his client’s remarks were made as a citizen expressing concern over governance issues.
He further maintained that public commentary on matters such as electricity supply should not be criminalised, especially where citizens are directly affected.
“Are we not paying for power? If there are interruptions, do citizens not have the right to complain?” he asked.
The lawyer warned that the handling of the case could set a troubling precedent for the future use of state investigative powers.
“When you set a bad precedent, it does not affect only one person… it becomes a reference point for future actions,” he said.
He also called on civil society organisations, religious bodies and other stakeholders to speak out to safeguard democratic principles.
“This is where we invite civil society, the clergy and well-meaning Ghanaians to demand accountability,” he said.
Despite the development, Afoakwa dismissed suggestions that the arrest could intimidate the political opposition, insisting it would not deter political actors from speaking out.
Essendoh has since been granted inquiry bail and is expected to report to the BNI as investigations continue.
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