A-G Ayine defends government against free speech suppression claims

Attorney General Dominic Ayine has disputed opposition allegations that the government is criminalizing free speech, contending that constitutional protections under Ghanaian law encompass necessary limitations.

Addressing political tensions surrounding recent arrests and prosecutions over public commentary, the Minister of Justice stated that while the 1992 Constitution guarantees fundamental freedoms, it does not permit rights to be abused in ways that threaten public order.

Constitutional Limits on Expression

Dr Ayine referenced Chapter Five, Article 21 of the Constitution — which covers freedoms of expression, assembly, and demonstration — to emphasise that these rights are not absolute.

“I think the minority is exaggerating a lot with respect to the question of gagging of free speech,” he stated.

“There are limits. You can limit free speech if, for instance, it is one that can undermine public order or morals.”

He argued that speech inciting hatred or violence cannot be protected as free expression, warning that inflammatory rhetoric has historically caused instability elsewhere.

Citing the Rwandan genocide as an example of the dangers of unregulated media incitement, Ayine stated that Ghana must remain vigilant.

Government Stance and Legal Enforcement

Ayine noted that President John Dramani Mahama — as a communication specialist — supports free expression and understands its role in a democracy.

He also defended his own commitment to constitutional freedoms while emphasising his responsibility to enforce the law when legal boundaries are crossed.

- On Personal Commitment:He stated he would be the last person to infringe upon citizens' rights to express themselves.

- On State Responsibility:He maintained that the state cannot sit idle when individuals abuse free expression.

Dr Ayine declined to comment on specific ongoing court cases but expressed confidence that the government would continue to uphold the freedom of all Ghanaians to express themselves lawfully.