Enoch Afoakwa is the Lawyer for David Essendoh
The arrest of New Patriotic Party (NPP) constituency organiser David Essendoh over an alleged case of false publication has triggered concerns about freedom of expression and the conduct of state security agencies, with his lawyer, Enoch Afoakwa, questioning both the manner of the arrest and the basis for the investigation.
Afoakwa says the circumstances surrounding Essendoh’s arrest created panic among party members and relatives after the organiser was reportedly picked up by unidentified armed men without any immediate confirmation from security agencies about his whereabouts.
Speaking on the Asaase Breakfast Show on Wednesday, May 13, 2026, Afoakwa described the development as troubling and warned against the trend he believes could threaten democratic freedoms.
“This should be condemned in no uncertain terms. We have come of age as a country,” he said.
According to the lawyer, attempts by party officials and family members to locate Essendoh initially proved unsuccessful, deepening fears that he may have been abducted.
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“When the matter came to our attention, we contacted the Ghana Police Service and other security institutions, but none could confirm that he was in their custody,” Afoakwa said.
He explained that several checks with state security agencies yielded no information about Essendoh’s whereabouts until intelligence later suggested that he had allegedly been picked up by the National Signals Bureau and transferred to the Bureau of National Intelligence (BNI).
Afoakwa said he subsequently accompanied some senior NPP officials to the BNI, where a caution statement was taken from his client in his presence.
Beyond concerns about the arrest itself, the lawyer also questioned the legal basis for the investigation, insisting that the alleged offence does not meet the threshold for criminal prosecution.
The case is reportedly linked to a social media post in which Essendoh allegedly suggested the possible return of erratic power outages, commonly referred to as “dumsor.” Authorities are investigating the comments as an alleged false publication, but Afoakwa argued that his client was merely expressing concerns over issues affecting citizens.
“What makes the statement false? It does not meet the threshold for false publication,” he argued.
He further maintained that public criticism and commentary on electricity supply challenges should not be criminalised in a democratic society.
“Are we not paying for power? If there are interruptions, do citizens not have the right to complain?” he asked.
Afoakwa warned that the handling of the case could create a dangerous precedent for future use of state investigative powers against citizens and political actors.
“When you set a bad precedent, it does not affect only one person… it becomes a reference point for future actions,” he said.
He also called on civil society organisations, religious leaders and other stakeholders to speak up on the issue in defence of democratic accountability and civil liberties.
“This is where we invite civil society, the clergy and well-meaning Ghanaians to demand accountability,” he said.
Despite the development, the lawyer rejected suggestions that the arrest could intimidate opposition voices or discourage political criticism.
Essendoh has since been granted inquiry bail and is expected to continue reporting to the BNI while investigations continue.
NA/VPO
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