Constitutional Rights and Policy Strategy Advisor for Democracy Hub, Oliver Barker-Vormawor, has waded into the debate on criminal speech and free expression on JoyNews Newsfile. He stated that while coup comments cross the line into criminality, displeasing speech such as that of Kevin Taylor falls within protected expression. The discussion was held in Accra on Saturday.
According to Oliver Barker-Vormawor, the question of what constitutes criminal speech must be separated from what is merely displeasing. He explained that a comment calling for a coup directly offends the 1992 Constitution and Ghana’s Criminal Offences Act which proscribes overthrow of lawful authority. Kevin Taylor’s commentary, though harsh and uncomfortable for many, remains within the ambit of free speech and should not be criminalized.
The legal practitioner noted that Ghana’s democracy thrives on robust debate, including offensive and dissenting views. He cautioned that expanding criminal law to cover displeasing speech risks shrinking civic space. In his view, the state must reserve criminal sanction for speech that incites violence, insurrection or subversion of the Constitution, not for harsh criticism of public officials.
The distinction between criminal and displeasing speech is anchored in Ghanaian law and international standards. Under the Criminal Offences Act, 1960, Act 29, provisions on treason and abetment of unlawful overthrow attract severe penalties. Freedom of speech and expression is guaranteed under Article 21 of the 1992 Constitution, but Article 12 allows reasonable restrictions in the interest of national security and public order. Courts have consistently held that mere insult or criticism of government does not amount to a criminal offence unless it threatens constitutional order.
Democracy Hub, formerly FixTheCountry, is a youth-led civic movement advocating for constitutional reform, accountability and protection of protest rights. Oliver Barker-Vormawor has been at the forefront of legal challenges to restrictions on demonstrations and arrests of protesters. Kevin Taylor, a US-based Ghanaian journalist and host of With All Due Respect, is known for his combative commentary on politics, which has drawn both support and criticism across the political divide.
The Newsfile panel attracted wide reactions on social media, with viewers debating where Ghana should draw the line between national security and free expression. Barker-Vormawor stressed that upholding displeasing speech is the true test of democratic tolerance. He argued that strong institutions, not criminal prosecution of critics, best protect Ghana’s constitutional order.
Author: Korkor Anumu
