The High Court in Accra is expected to hear the bail application of Salomey Awity Baffoe today, September 24, after the prosecution was granted additional time to respond to the application.
Baffoe, who is facing a charge of abetment of crime in connection with the alleged publication and circulation of false information through the ‘Ghana Jollof’ social media account has been in custody as the legal battle over her continued detention unfolds.
The bail application was adjourned on Wednesday after Assistant State Attorney Carl Afedzi Forson told the court that the Attorney-General’s Office had only been served with the application on Friday.
Mr Forson explained that he was not the substantive lawyer handling the matter and that, with Monday being a public holiday, the application had not yet been assigned within the Attorney-General’s Office for a response.
The State consequently requested additional time to file its processes.
Defence Pushes for Urgent Hearing
Counsel for Baffoe, Nana Agyei Baffour Awuah, opposed the adjournment and urged the court to treat the application with urgency because it concerned the liberty of his client.
He argued that a bail application involving an accused person’s liberty should not be treated in the same manner as ordinary civil proceedings where parties may be required to give three clear days’ notice.
According to him, the prosecution had been properly served and had not complained of short service.
He further submitted that matters concerning personal liberty could be heard even over weekends, meaning the passage of time should not be disregarded simply because of the intervening public holiday.
Mr Awuah cautioned that continued delay could undermine the purpose of the application, noting that Baffoe would have spent close to two weeks in custody by the time the State filed and served its response.
The court, acknowledging that the applicant’s liberty was at stake, directed the Republic to file and serve any processes it intends to rely on by 9:00 a.m. today, September 24.
Baffoe Remains in Custody
Baffoe is facing an allegation of abetment of crime in connection with the alleged publication and circulation of false information through the “Ghana Jollof” social media account.
She has pleaded not guilty to the charge.
Her lawyers have subsequently turned to the High Court seeking her release on bail while the criminal proceedings continue.
Today’s hearing will provide the State with an opportunity to formally respond to the application and set out the grounds, if any, on which it intends to oppose Baffoe’s release.
The court will then consider the respective positions of the prosecution and defence before determining the application.
Case Comes Amid Renewed Debate Over Online Speech and President Mahama’s Call for Legitimate Criticisms not to be Criminalised
The bail hearing comes against the backdrop of a broader national conversation about online speech, arrests and the limits of criminal enforcement in cases involving social media activity.
President John Dramani Mahama has directed the Media Foundation for West Africa (MFWA) and the Ghana Journalists Association (GJA) to convene a national stakeholder engagement on hate speech, harmful online content and responsible digital communication.
In a letter dated September 22 and signed by Secretary to the President, Dr Callistus Mahama, the Presidency called for discussions aimed at addressing harmful online conduct while protecting legitimate freedom of expression.
The letter specifically noted that legitimate criticism, political commentary, satire and dissent should not be criminalised, while threats, incitement, violence and other clearly criminal conduct should be addressed.
The Presidency also expressed concern about disproportionate arrests over criticism or politically charged commentary.
Deputy AG’s Bail Position
The case also comes shortly after comments by Deputy Attorney-General Dr Justice Srem-Sai on the government’s approach to bail.
Speaking to JoyNews on September 15, Dr Srem-Sai said the Attorney-General’s Office would not routinely oppose bail applications and would only do so in exceptional circumstances.
The comments have since become part of the wider discussion surrounding the State’s approach to pre-trial detention.
The Attorney-General’s Office has not, at this stage, indicated that it will oppose Baffoe’s bail application on substantive grounds. Its request for additional time before today’s hearing was based on the timing of service and the internal assignment of the case.
The High Court is therefore expected to consider the State’s response alongside the submissions of Baffoe’s legal team as it determines whether she should be admitted to bail.
All eyes will be on the High Court today as the court considers the application and determines the next step in Baffoe’s case.
