REPUBLIC v. TOMMY THOMPSON BOOKS LTD and Others

This Supreme Court of Ghana reference arose during the criminal trial of Tommy Thompson Books Ltd, its director and editor of the Free Press, and the editor-in-chief of the Ghanaian Chronicle, after articles accused the Government of Ghana of drug trafficking and arms purchases linked to Frank Benneh. The Circuit Court, Accra stayed proceedings and referred constitutional questions under article 130(2) concerning the compatibility of section 185 of the Criminal Code with articles 21(1)(a) and 162 of the 1992 Constitution. The Court also considered whether sections 182A, 183, and 184 were properly before it, and dismissed an application by the Private Newspaper Publishers Association of Ghana (PRINPAG) to join the matter. A majority (Kpegah, Adjabeng, Amuah JJSC) held that section 185, which targets knowingly false statements or reports likely to injure Ghana’s or the government’s reputation, is a reasonably required limitation under articles 12(2) and 164, and directed the Circuit Court to proceed. Wiredu JSC dissented, declaring section 185 unconstitutional and rejecting modification; Akuffo JSC dissented in part, finding it unconstitutional for private communications but salvageable for public publications through modification under article 11(6).