Salomey Awiti Bafoh
A High Court in Accra has refused an application for bail filed on behalf of a Techiman-based Senior Nursing Officer, Salomey Awiti Bafoh, who is accused of aiding Barbara Asantewaa Kodua (Ghana Jollof) to circulate false publications online, citing the likelihood of the accused person interfering with ongoing investigations.
The court, presided over by Justice Halima El-Alawa Abdul-Baasit, considered the fact that the mere existence of an ongoing investigation is not enough grounds to deny the accused person bail, but pointed out that the nature of the investigation and the fact that the matter is cyber-related, presents the likelihood of the nurse who has been in custody for about twelve days, interfering with investigations.
Remand
On September 17, Salomey Awiti Bafoh was remanded into custody for two weeks for allegedly “serving as liaison” for ‘Ghana Jollof’ to publish and circulate false news on social media.
Madam Bafoh has been charged with one count of abetment of crime – publication of false news for her alleged role in the circulation of Ghana Jollof’s videos which many consider to be vile, further raising concerns about insults gaining their way into Ghanaian politics.
Although Barbara Asantewaa Kodua appears on the prosecution’s charge sheet as the second accused person, no specific charges were levelled against her.
The police, however, indicated in its summary of facts that she used her social media platform to produce and publish videos containing offensive and inciting statements with the potential to provoke violence.
They further accused her of threatening to “overthrow the Government of Ghana,” adding that ‘Ghana Jollof’ said “she will burn Ghana amongst other things.”
Bail Application
Her lawyer, Nana Agyei Baffour Awuah, subsequently applied for bail at the High Court pending trial.
Moving the motion yesterday, he highlighted the constitutional presumption of innocence and the constitutional injunctive of all accused persons being entitled to bail.
He said the accused is a mother of minor children who has been taken away from the children for the past 12 days.
He said the prosecution’s contention that the accused will interfere with investigations and witnesses when granted bail is untenable because they did not present any evidence to support that assertion.
“We submit that beyond the bare deposition they have failed to provide any evidence or reason why the prosecution thinks the accused will interfere with witnesses,” Mr. Awuah contended.
He also rejected the prosecution’s claim that the accused is facing a serious charge, arguing that Madam Bafoh is facing a misdemeanour charge which is punishable by a fine or a soft imprisonment term, or a community sentence following the passage of the Community Service Bill, which has been assented to by the President.
Opposition
The application was opposed by Maame Korantemaa Aboagye-Darko, who argued that investigations are still ongoing, noting that the presence of the applicant is “necessary to assist the police in their investigations,” particularly in efforts to locate and arrest ‘Ghana Jollof’ “who is currently at large.”
She also argued that ill health is not a sufficient ground for the grant of bail, especially when lawyers for the accused “failed to demonstrate to this court the medical status of the applicant by attaching medical report showing the nature or severity of the applicant’s health condition.”
Aboagye-Darko added that the presumption of innocence is necessary but not a sufficient ground for the court to grant the accused person bail.
Ruling
Justice Halima El-Alawa Abdul-Baasit, in her ruling, said the preservation and integrity of evidence remain of critical importance to the investigating process and having regard to the facts presently before the court, there remains a live and active investigative process involving electronic and cyber related evidence.
Consequently, she said the release of the accused person at this stage is likely to present a real risk of interference with the evidence and there is likelihood of the accused deleting those evidence when released at this stage.
She, however, pointed out that that nothing in the court’s ruling is intended to suggest that Bafoh is guilty of the offence alleged, adding that she remains presumed innocent unless and until proven guilty by a court of competency.
“Equally, the refusal of bail in this case is not imposed as punishment, it is based solely upon the court’s assessment that the statutory ground related to interference with evidence and the hampering of investigations has been established.”
She refused the application for bail and directed the prosecution to expedite the investigations and ensure that Bafoh receives prompt and adequate medical attention as and when the need arises.
BY Gibril Abdul Razak