Akwatia Member of Parliament Bernard Baidoo has defended the use of Sections 207 and 208 of Ghana’s Criminal Code in recent arrests, arguing that the provisions were retained under the previous New Patriotic Party (NPP) administration.
According to the lawyer and politician, the arrests being discussed relate to alleged offences under the two provisions, which concern offensive conduct and false publication, rather than simply insulting public officials.
“The police have never said that they were arrested because of insult. But they were arrested in connection with Sections 207 and 208 of the Criminal Code, which is law in Ghana,” he said.
Baidoo pointed out that the provisions have existed across different administrations and have previously been used in cases involving journalists and other public figures.
He also referred to the repeal of criminal libel provisions under former President Nana Addo Dankwa Akufo-Addo, arguing that Sections 207 and 208 remained in the Criminal Code after the changes.
“When Nana Addo led for the repeal of the criminal libel sections in the Criminal Code, he saw 207 and 208. He left it,” Baidoo said.
The Akwatia MP questioned why the NPP was now criticising the current administration over the enforcement of provisions that remained part of Ghana’s laws after its time in government.
He argued that laws should be applied consistently, regardless of which political party is in power.
Baidoo also rejected the suggestion that President John Dramani Mahama must personally direct law enforcement agencies before arrests can be made.
“President Mahama doesn’t need to, when the law enforcement officers are enforcing the law, it doesn’t need to be even in the know,” he said.
However, the MP stressed that his defence of the provisions did not amount to support for their abuse.
He said law enforcement agencies should not use Sections 207 and 208 selectively against people simply because of their political views or disagreements with those in authority.
“What is important to me is that nobody abuses these provisions in the law and just goes after anybody because they don’t like him. I would not support it,” he said.
Baidoo’s comments come amid ongoing public debate over recent arrests involving alleged offensive conduct and false publications, with critics questioning whether criminal provisions are being applied appropriately in cases involving political speech and public commentary.
His position is that the relevant sections remain part of Ghana’s Criminal Code and should be applied consistently, while any misuse of the provisions should be avoided.
