The Ghana Bar Association (GBA) has raised concerns over the arrest and prosecution of social media commentators, warning that the growing use of criminal law in cases involving online speech could have implications for freedom of expression and constitutional rights.
The concerns were raised during the Association’s 2026 Annual General Conference in Ada, where the GBA discussed developments within Ghana’s justice system and the protection of constitutional freedoms.
The Association’s position comes amid a number of cases involving social media users and political commentators who have been arrested over alleged offensive conduct, threats and the publication of false information. Recent cases include TikToker Mahama Aminat, popularly known as “Bawumia Ba”, and other political activists facing investigations or court proceedings.
The GBA has stressed the need for state institutions to uphold due process and ensure that the enforcement of laws relating to online speech does not undermine constitutionally protected freedoms.
The concerns also come against the backdrop of wider debate over Section 208 of the Criminal Offences Act, 1960, which criminalises the publication of false statements likely to cause fear or alarm. The provision has come under renewed scrutiny following a series of arrests involving political communicators and social media commentators.
The Association’s intervention adds to calls from media and civil society organisations for speech-related offences to be handled in a manner consistent with Ghana’s constitutional guarantees of freedom of expression and due process.
At the same time, authorities have maintained that individuals accused of making threats, inciting violence or publishing unlawful content are subject to investigation and prosecution under existing laws.
The GBA’s concerns form part of broader discussions at its annual conference on the independence of the legal profession, the judiciary and the protection of constitutional democracy.