VZCZCXRO3101
RR RUEHMA RUEHPA
DE RUEHAR #0151/01 0551453
ZNR UUUUU ZZH
R 241453Z FEB 10
FM AMEMBASSY ACCRA
TO RUEHC/SECSTATE WASHDC 8911
INFO RUEHZK/ECOWAS COLLECTIVE

UNCLAS SECTION 01 OF 02 ACCRA 000151 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV GH
 
SUBJECT: Police arrest opposition radio commentator for on-air 
statements 
 
ACCRA 00000151  001.2 OF 002 
 
 
¶1. (SBU) Summary: Following comments during a radio broadcast 
suggesting that former President Rawlings deliberately set fire to 
his home, police arrested opposition politician Nana Darkwa Baafi on 
February 18, 2010.  Baafi's arrest has resulted in a media backlash, 
with journalists accusing the government of violating freedom of 
speech, and on February 19 members of the opposition New Patriotic 
Party (NPP) boycotted Parliament in solidarity with Baafi.  Baafi 
was released February 19 on bail, and some government officials have 
suggested to us privately that the police and judge overreacted in 
arresting and detaining Baafi for a relatively minor offense. 
President Mills has issued a statement reaffirming his government's 
respect for press freedom, while calling for citizens to exercise 
free speech rights responsibly. End Summary. 
 
------------------ 
Arrest and Charges 
------------------ 
 
¶2. (U) On February 18, 2010, Baafi, an NPP official, stated on Top 
Radio that former President Rawlings deliberately set his house on 
fire to get President Mills to relocate him. (NOTE: Former President 
Rawling's house was destroyed in a fire on February 14. The media 
reported that the fire's cause was most likely due to an electrical 
problem. END NOTE).  According to media reports, the police arrived 
at the studio shortly after the comments, accompanied by Rawlings 
Aide Kofi Adams (NOTE: Adams was elected Deputy General Secretary of 
the ruling National Democratic Congress (NDC) at the party's January 
congress. END NOTE), and arrested Baafi.  Baafi was charged with one 
count of publishing false news with intent to cause alarm under 
Section 208 of Act 60 of the Criminal Procedure Code and was 
sentenced to a two week remand.  He was granted bail on February 19, 
and is expected to appear before the circuit court on March 3. 
 
--------- 
Backlash 
--------- 
 
¶3. (U) On February 19, the Minority caucus in Parliament boycotted 
"until further notice" parliamentary business to show support for 
Baafi.  Minority MPs dressed in black and wore red bands around 
their necks. Minority Leader Osei Kyei-Mensah-Bonsu declared that 
what happened to Baafi was "a national tragedy." 
 
¶4. (U) The National Media Commission (NMC) issued a press release 
February 19 stating that it is "unacceptable for contributors to 
radio programs to make unguarded and unsubstantiated statements." 
However, they stated that "media infractions should be handled in a 
manner that does not criminalize speech and undermine free 
expression and media freedom."  The Ghana Journalists Association 
(GJA) issued a public statement February 19 condemning the abuse of 
freedom of speech and protesting the speed with which Baafi was 
arrested and charged. 
 
¶5. (SBU) On February 23, Deputy Minister of Justice Ebo 
Barton-Odoru, an NDC MP, told POL Chief that it was regrettable that 
the opposition had boycotted parliament and expressed hope that they 
would return later that day (Note: NPP MPs returned to parliament 
later in the day on February 23. End Note).  At the same time, he 
criticized the judge's decision to remand Baafi in detention, 
describing that as an excessive punishment for a "minor offense." 
 
--------------------------------------------- -------- 
President Mills reaffirms commitment to press freedom 
--------------------------------------------- -------- 
 
¶6. (U) Also on February 19, Deputy Minister of Information James 
Agyenim-Boateng issued a statement on behalf of President Mills 
expressing concern over the two-week remand sentence given to Baafi. 
Agyenim-Boateng reiterated the President's commitment to create a 
QAgyenim-Boateng reiterated the President's commitment to create a 
better Ghana "with opportunities for all within an environment of 
unfettered protection of the citizen's right to free expression." He 
 
stressed the need for balance between responsible citizenship and 
the right to free expression. 
 
------- 
Comment 
------- 
 
¶7. (SBU) The police's summary arrest of Baafi at the studio, the 
judge's harsh sentence, and Kofi Adams' apparent involvement in the 
arrest, are clearly a concern.  This incident will also feed into 
NPP complaints that Rawlings plays an inappropriate 
behind-the-scenes role in governance.  Nevertheless, while 
underlining the fragility of free speech, the fact that Baafi was 
released immediately and that numerous figures - including President 
Mills - have stressed the need to protect free speech, suggest to us 
that due process and rule of law remain alive and well in Ghana. End 
Comment. 
 
ACCRA 00000151  002 OF 002 
 
 
 
TEITELBAUM