Ghana Jollof case: NPP condemns remand of Salomey Awiti Bafoh, questions jurisdiction of Adenta court

The opposition New Patriotic Party (NPP) has questioned the continued detention of a nursing officer accused of helping to publish and circulate false news through the social media account known as “Ghana Jollof”, calling for her release on reasonable bail.

The NPP said in a statement Friday that the Adenta Circuit Court’s decision to remand Salomey Awiti Bafoh for another two weeks raised concerns about due process and the territorial jurisdiction of the court.

Bafoh, a 40-year-old principal nursing officer and mother of three, was arrested in Techiman and subsequently brought before the Adenta Circuit Court in Accra. She has pleaded not guilty to a charge of abetment of crime, namely publication of false news, under sections 20(1) and 208 of Ghana’s Criminal Offences Act, 1960 (Act 29).

The court, presided over by Judge Angela Attachie, denied her bail and remanded her until September 30 after prosecutors cited national security concerns and ongoing investigations.

The prosecution alleges that Bafoh acted as a liaison for Barbara Asantewaa Kodua, known as “Ghana Jollof”, and helped disseminate videos produced by Kodua by recruiting others to redistribute the material.

Kodua, whom police have declared wanted, is believed to be in the United Kingdom. Police allege that she produced and circulated content containing false and inciting statements.

Prosecution’s case

In its statement, signed by General Secretary Justin Kodua Frimpong, the NPP said the prosecution’s account of the case had changed between Bafoh’s initial appearance and the subsequent charge.

The party said prosecutors had initially linked Bafoh to investigations into an alleged plot to overthrow the government before subsequently presenting the charge of abetment of publication of false news.

The NPP argued that the alleged change raised questions about the basis for her continued detention.

“Pre-trial detention must not become a substitute for investigation or punishment before conviction,” the party said, while calling for an immediate review of Bafoh’s detention and her admission to reasonable bail.

The party also cited Ghana’s laws governing bail and argued that detention should not be used as punishment before conviction.

The allegations against Bafoh have not been established in court.

Jurisdiction questioned

The NPP also challenged the territorial basis for prosecuting Bafoh before the Adenta Circuit Court.

The party noted that she resides in Techiman and argued that the prosecution should demonstrate what specific act constituting the alleged abetment occurred within the jurisdiction of the Adenta court.

The same jurisdictional question has been raised separately by legal scholar Professor Kwaku Asare, who said documents available to him did not identify an act allegedly performed by Bafoh in Accra or Adenta. He stressed, however, that his observations were based on the documents he had reviewed and not on the full evidence in the case.

The NPP further expressed concern over what it described as an emerging pattern involving politically sensitive cases and social media commentators being brought before the same court.

The party said it respected the constitutional independence of the judiciary but argued that judicial independence should be accompanied by impartiality, fairness and adherence to due process.

It also called on the Chief Justice and Judicial Council to take note of concerns surrounding the handling of such cases.

Calls for rights to be protected

The NPP urged the prosecution to establish the legal and territorial basis for the charge and called for Bafoh’s constitutional rights, including personal liberty, the presumption of innocence and the right to a fair trial, to be respected.

The party also accused the government and security agencies of potentially using the criminal justice system to intimidate or silence critics, a claim that was not independently substantiated in its statement.

The government and prosecution have not accepted that characterisation.

Police maintain that investigations are continuing and say evidence obtained from mobile phones, financial records and other devices will be used to establish the roles of individuals allegedly involved in the “Ghana Jollof” activities.

Bafoh is expected to return to court on 30 September.