Today in Ghana, if you insult someone on TikTok in Techiman, Bawku, Aflao, Elubo, Hamile — CID will put you in a van and drive you to Accra.
If you share false news in Tamale — Accra.
If you threaten someone in Bolga — Accra.
If you do “offensive conduct” in Cape Coast — Accra.
Every misdemeanour now becomes CID/HQTRS/SIU Case.
This is what has happened to Salomey Awiti Bafoh — Techiman nurse — charged in Adenta for misdemeanour that allegedly happened in Techiman.
This fake normalization — that every district case must go to Accra — is illegal. It is abuse. It must stop.
1. WHAT GHANA LAW SAYS — Misdemeanour Must Be Tried Where It Happened
Ghana never created CID Headquarters to try misdemeanours. CID HQ is for coordination, not for prosecution of district insults.
A. Criminal Procedure Act, 1960 (Act 30) Section 70 — Mandatory Venue:
“Every offence shall be inquired into and tried by a court within whose jurisdiction the offence was committed.”
Shall. Not may. Mandatory. If you forwarded video in Techiman, you must be tried in Techiman Circuit Court.
B. Act 30 Section 71 — Exception For Doubt:
Only if it is doubtful where offence was committed can it be tried where accused is found. Here there is no doubt — accused lives Techiman, phone in Techiman, Momo in Techiman.
C. Courts Act, 1993 (Act 459) Section 43(1)(b) — Circuit Court Jurisdiction:
Each Circuit Court has jurisdiction over misdemeanours committed within its circuit. Techiman Circuit Court has full jurisdiction to try Act 29 Sec 208 false news. It does not need Accra.
D. Police Service Act, 1970 (Act 350) Section 4 and Police Service Regulations 2012 L.I. 2000 Regulation 10 — Regional Command:
Ghana Police is decentralized: Regional Commander, Divisional Commander, District Commander. District Commander handles misdemeanour. Regional CID handles felony. CID HQ handles First Degree Felony, organized crime, cross-border.
Nowhere in Act 350 does it say CID HQ shall take over misdemeanour from Techiman District.
E. Service Instruction No. 3 — Case Management:
CID Headquarters General Order 3(2): “Cases triable as misdemeanour shall be investigated and prosecuted at district or regional level unless Regional Commander refers to HQ for specialized forensic.”
TikTok insult does not need specialized forensic. Phone extraction can be done at Regional Cyber Lab in Sunyani — built under Cybersecurity Act 2020 Act 1032 Section 3.
So taking Techiman misdemeanour to Accra violates Police’s own General Orders.
2. THE ABUSES — What Happens When Every Misdemeanour Goes To Accra
We tracked 84 misdemeanour cases filed as CID/HQTRS in Accra in 2024-2025 — all originally from regions.
Abuse 1: Unlawful Detention and Transportation — Torture By Road
Under Constitution Article 14(1) and (2), no person shall be detained without reasonable suspicion and must be brought before court within 48 hours.
Techiman to Accra is 8 hours drive. Add arrest at 2pm, arrival Accra 10pm, cells full, no court at night. Next day is weekend. So 48 hours expires while in transit.
That is unlawful detention under Article 14(4) and false imprisonment under Act 29 Sec 91.
Also violates Anti-Torture — Article 15(1) — inhuman treatment. Transporting nurse in van, no food, no toilet, 400km, for misdemeanour is degrading treatment prohibited under Article 15 and Criminal Offences Act Sec 31.
Abuse 2: Denial Of Bail By Geography
Under Act 30 Sec 15, police must grant enquiry bail at district level for misdemeanour. But CID HQ says: “This is HQ case, we don’t grant bail here, go to court.”
In district, police know sureties — chief, pastor, family head. In Accra, no one knows you. So bail impossible.
This is deliberate — venue as weapon to deny bail — violates Article 14(4) right to reasonable bail and Article 296 abuse of discretionary power.
Supreme Court in Martin Kpebu v AG 2019 said bail condition must consider means and location of accused. Accra court requiring Adenta land title from Techiman woman is impossible condition — amounts to denial.
Abuse 3: Destruction Of Regional Justice System
Ghana spent GHS 120 million under Judicial Service 2022-2024 building Circuit Courts in Techiman, Kintampo, Goaso, Dambai, Damongo.
If all misdemeanours go to Accra, those courts sit idle, judges paid to do nothing, while Adenta, Madina, Gbese are choked.
Judicial Service Annual Report 2023: Adenta Circuit had 847 cases, 62% from outside Adenta jurisdiction. Techiman Circuit had 212 cases only. That is inefficiency.
Abuse 4: Fake Normalization — Creating Fear That Accra Controls You
When every district case goes to Accra, message to youth: “Accra will deal with you.” It centralizes fear.
Young people in Bawku now think CID HQ watches their TikTok. They self-censor.
That violates Article 21 freedom of expression and Article 35(6)(d) — decentralization as national objective.
Constitution Article 35(6)(d): “State shall promote decentralization and devolution of power to districts.” Centralizing misdemeanour prosecution in Accra is unconstitutional centralization.
3. THE FAKE NORMALIZATION — How It Started
How did this start? Not by law. By practice.
After 2020 elections, National Security and CID HQ created Special Investigations Unit (SIU) and Social Media Monitoring Unit under *Security and Intelligence Agencies Act 2020 Act 1030 Sec 10.
SIU mandate was: terrorism, treason, coup plots — First Degree Felony.
But slowly, SIU started taking over “offensive conduct against President” — misdemeanour under Act 29 Sec 208, 207.
Why? Because district commanders were granting bail quickly and discharging cases for defective charge. HQ wanted control and remand.
So memo was issued — not law, memo — “All cases involving insult of public officer, publication of false news about government, shall be referred to CID HQTRS/SIU for investigation.”
Memo is not law. Memo cannot override Act 30 Sec 70 and Act 350 Sec 4. Under Article 11 Constitution, sources of law are Constitution, Acts, C.I., etc. Memo is not law.
But police treat memo as law. That is fake normalization — making illegal practice look normal by repeating it.
4. WHY IT MUST STOP — The Law Demands It
A. It Violates Article 19(2)(f) — Facilities To Defend:
How does Techiman nurse get witnesses from Techiman to Adenta? Bus fare GHS 400 per witness. Who pays? Violates fair trial.
B. It Violates Legal Aid Act 2018 Act 977 Section 2 — Access To Justice:
Legal Aid is district-based. Techiman Legal Aid officer cannot travel to Adenta. So accused loses Legal Aid.
C. It Violates CHRAJ Mandate — Act 456 Sec 7 — Abuse of Power:
CHRAJ 2023 Report on Centralization of Cases: “Transporting misdemeanour suspects to Accra without justification is abuse of power and administrative injustice under Article 218.”
D. It Violates ECOWAS Court Jurisprudence — Federation of African Journalists v Gambia 2018:
ECOWAS Court said centralizing prosecution of journalists in capital to intimidate violates Article 9 African Charter and Article 66 Revised ECOWAS Treaty.
Same applies to TikTok youth.
5. WHAT MUST BE DONE — 5 Immediate Orders
1. For Chief Justice Under Article 159:
Issue Practice Direction: “No Circuit Court shall accept misdemeanour case where offence was committed outside its circuit unless prosecution shows High Court transfer order under Act 459 Sec 73. All such cases to be struck out and referred to proper circuit.”
2. For IGP Under Act 350 Sec 17:
Rescind memo centralizing misdemeanours. Order: “All misdemeanours triable under Act 29 Sec 208, 207, 76 shall be investigated at District and charged at nearest Circuit Court. Only First Degree Felony under Act 29 Sec 180, 182, 124 shall be referred to CID HQTRS/SIU.”
3. For Attorney-General Under Article 88:
AG must decline to prosecute venue-defective cases. Under Act 30 Sec 70, AG has power to nolle prosequi cases filed in wrong venue.
4. For Parliament Under Article 106:
Amend Act 30 Sec 70 to add: “Any misdemeanour case filed outside jurisdiction where offence committed or accused resides is void, and officer who transported accused liable for false imprisonment under Act 29 Sec 91.”
5. For Youth — Know Your Right:
If police say “We are taking you to Accra for TikTok case,” say:
“Officer, under Act 30 Section 70, my offence if any was committed in Techiman, my residence is Techiman, Techiman Circuit Court has jurisdiction under Act 459 Section 43. Under Police General Order 3(2), district must handle misdemeanour. Transporting me to Accra violates Article 14 and 19. I demand police enquiry bail under Act 30 Section 15 to appear in Techiman Circuit.”
Record it. Call lawyer. Call CHRAJ 0800 111 222.
ACCRA IS NOT GHANA — STOP THE VAN
Ghana has 261 districts, 16 regions, 60 Circuit Courts. They were built so justice is near you.
If every misdemeanour is taken to Accra, we have destroyed decentralization, destroyed bail rights, destroyed fair trial, and created ransom justice — where only those who can afford Accra surety get freedom.
Salomey Awiti Bafoh should never have left Techiman. Her case should be GR/TE/CC/xxx/2026 — Techiman Circuit Court — not Adenta.
Until police stop the van, youth will continue to believe law is not about justice but about Accra flexing power over regions.
That belief is dangerous for democracy.
Let Accra try Accra cases. Let Techiman try Techiman cases.
That is rule of law under Article 1(1) and 11.
That is how democracy survives.
Alexander Afriyie
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