Prepared by Legal Counsel, Sankofaonline
Dated: September 13, 2025.
It is deeply troubling,and frankly perplexing,that Mr. Kwame Baffoe, popularly known as Abronye DC, currently facing misdemeanor charges related to incitement, continues to transform his court appearances into spectacles of political theater. Escorted by police with his hands cuffed in front, he retains full mobility to gesture, provoke, and galvanize a swelling crowd of supporters outside the courthouse. What should be a solemn moment of legal accountability has instead become a rallying ground, threatening public order and undermining the integrity of our justice system.
The Law on Incitement and Public Order
Under Ghana’s Criminal Offences Act, 1960 (Act 29), Section 207, a person who “uses insulting or abusive language with intent to provoke a breach of the peace” commits a misdemeanor. While the charge against Mr. Baffoe may be minor in legal classification, its implications are anything but. The Constitution of Ghana, Article 164, allows for restrictions on freedom of expression in the interest of public safety and order. The police, therefore, have both the mandate and the responsibility to ensure that accused persons do not exploit legal proceedings to incite unrest.
A Tactical Failure in Escort Protocol
The decision to handcuff Mr. Baffoe in front, rather than behind his person is not merely a procedural oversight. It is a tactical failure that enables performative defiance. With his hands free to wave, point, and signal, he effectively weaponizes his visibility. The courthouse becomes a stage, the crowd his audience, and the police his unwitting ushers.
This is not unprecedented. In Republic v. Yeboah [1998], the court emphasized that “the dignity of the judicial process must be preserved from acts that incite or intimidate.” Ghana’s police service must heed this principle and revise its escort protocols accordingly.
Strategic Recommendations for Law Enforcement
To prevent future abuse of court appearances as platforms for incitement, the Ghana Police Service should consider the following measures:
- Rear Handcuffing Protocols: Unless medically contraindicated, suspects charged with incitement should be cuffed behind the back to limit expressive gestures that may provoke crowds.
- Private Entry and Exit Routes: Utilize secure, non-public entrances to courthouses to minimize exposure and prevent crowd formation.
- Courtroom Streaming Instead of Courtyard Spectacle: If public transparency is required, allow for controlled media coverage inside the courtroom rather than permitting open-air rallies.
- Restraining Orders or Bail Conditions: Prosecutors may seek bail conditions that prohibit public speech or assembly during court proceedings, as permitted under Section 96 of the Criminal Procedure Code.
- Crowd Management Intelligence: Deploy plainclothes officers and surveillance to monitor crowd behavior and preempt escalation.
A Growing Threat to National Stability
The crowds outside Mr. Baffoe’s hearings are not mere supporters,they are a growing force capable of disrupting peace. Their presence emboldens defiance, intimidates judicial officers, and sends a dangerous message: that the rule of law can be bent by spectacle. Ghana must not allow its courts to become arenas of populist agitation.
Conclusion
Justice must be seen to be done,but it must not be staged. The Ghana Police Service must act decisively to prevent accused persons from turning legal accountability into political theater. The peace of the Republic depends on it.
