by Awudu Mahama
A senior journalist and private legal practitioner, Mr Samson Lardy Anyenini has criticised what he described as the abuse of free speech in Ghana’s political space, arguing that politicians who tolerated misinformation and insults for political advantage should not be surprised by the consequences.
He noted that President John Dramani Mahama and the governing National Democratic Congress (NDC) remained silent while abusive political communication flourished during previous election campaigns.
Presenting his weekly analytical and advocacy segment “Samson’s Take” on JoyNews programme, Newsfile, last Saturday, the lawyer argued that President Mahama and NDC benefited significantly from misinformation and personal attacks directed at political opponents but failed to publicly distance themselves from those tactics.
“President Mahama, most of the insult, most of the misinformation and the maligning was done in your name. You know it. You didn’t pause one minute to disavow it. You’ve nurtured a monster and now it is grown,” Mr Anyenini recounted.
Even though the private legal practitioner did not name the ‘Monster’, political watchers believed he was referring to US-Based Kevin Taylor who used his social media platform, using a programme ‘With All Due Respect’, to attack almost everybody including chiefs, judges and political opponents in favour of Mr Mahama and NDC in the lead up to the 2024 general election.
Mr Anyenini argued that political leaders cannot encourage toxic political discourse during elections and later express surprise when the same conduct affects them.
“You cannot nurture a monster for political expediency during elections and then feign horror when it begins to bite everyone around you,” he added.
He bemoaned that Ghana’s social media landscape has become saturated with insults, falsehoods and character assassination, warning that the trend threatens democratic discourse.
“Freedom of speech was fought and won to safeguard democracy, to hold power accountable and to champion truth, not to serve as a licence to malign citizens or act foolishly,” he stated.
Dr Bawumia’s magnanimity
Mr Anyenini also commented on the recent call by former Vice President and New Patriotic Party (NPP) flagbearer for the 2028 general election, Dr Mahamudu Bawumia, on the Attorney-General and the Ghana Police Service to discontinue the prosecution of an NDC organiser accused of publishing false information and making offensive remarks about him.
He praised Bawumia for publicly distancing himself from the prosecution and for reiterating his belief that falsehoods should be countered with truth rather than criminal sanctions.
The Vice President called for the discontinuation of the prosecution of the NDC branch organiser in Agona West, Prince Aboagye who is facing charges over alleged offensive comments made about him.
In a statement issued by his office on, July 22, Dr Bawumia said he neither lodged a complaint nor authorised the prosecution of the individual, who has been arrested and arraigned for allegedly publishing false news and making offensive comments about him.
“Dr. Bawumia wishes to state, clearly and unequivocally, that he has neither lodged any complaint nor sanctioned any prosecution against this young man or any other citizen. He does not desire, and will not endorse, the arrest or prosecution of any Ghanaian in his name for speech,” the Communications Directorate of Dr. Bawumia emphasised in the statement.
The former Vice President noted that he had been the subject of insults and falsehoods throughout his public life but had never resorted to using state institutions to respond.
“His conviction remains that the answer to offensive speech is better speech, and the answer to falsehood is truth, not handcuffs, courtrooms, and crushing bail conditions imposed on ordinary Ghanaians,” the statement added.
Dr Bawumia appealed to the Ghana Police Service and the Attorney-General to discontinue the case and any similar prosecutions purportedly initiated on his behalf.
According to him, Ghana’s democracy is strengthened when citizens, including political opponents, are able to express themselves freely without fear of arrest or prosecution.
Lawyer Anyenini’s response
Mr. Anyenini acknowledged criticism from those who argue that Dr Bawumia did not publicly oppose similar prosecutions during the Akufo-Addo administration.
While describing those concerns as understandable, he accused NDC faithful of displaying double standards by insisting that current prosecutions are beyond political influence.
Atta Mills example revisited
To support his argument in support of Dr. Bawumia’s magnanimity, Mr. Anyenini referenced an incident in July 2011 involving the late John Kumah, who was arrested over alleged offensive comments about the late President John Evans Atta Mills.
He recalled that, President Mills instructed the police to release Kumah because he was not interested in pursuing the matter, arguing that the precedent demonstrates political leaders can choose not to criminalise speech directed at them.
He therefore maintained that Bawumia was justified in publicly rejecting prosecutions initiated in his name.
Criminal prosecution not the answer
While condemning abusive speech, Anyenini maintained that custodial sentences and criminal prosecutions should not be the default response to offensive comments.
He argued that laws such as Section 208 of the Criminal and Other Offences Act and Section 76 of the Electronic Communications Act should not be used as “criminal hammers” against offensive speech in most cases.
Instead, he advocated civil legal remedies, robust public debate and public condemnation as more appropriate ways of dealing with misinformation and abusive language.
Call for political responsibility
Mr Anyenini urged politicians across the political divide to learn from the current situation by discouraging abusive rhetoric among their supporters.
He warned that ordinary citizens often emulate the behaviour they observe from political leaders and stressed that safeguarding democracy requires both freedom of expression and responsible conduct.
“Free speech is a sacred constitutional right, but it carries responsibility. It is not a permit for lawlessness, nor is it a shield for foolishness,” he concluded.
Source: thecustodianghonline.com