Criminal contempt cases involving journalists raise fairness concerns — Kojo Asante

The Director of Policy Engagement and Partnerships at the Centre for Democratic Development (CDD-Ghana), Dr. Kojo Asante, has questioned the continued use of criminal contempt proceedings in cases involving journalists, arguing that the practice raises concerns about fairness and judicial impartiality.

According to him, criminal contempt proceedings can create situations where judges assume multiple roles in the administration of justice, potentially undermining confidence in the legal process.

His comments come after journalist Larry Dogbey was cited for contempt of court, sparking renewed debate over the balance between judicial authority and press freedom.

Mr Dogbey was later granted bail in the sum of GH¢100,000 with two sureties. The bail is valid for 10 days.

Speaking on The Big Issue on Channel One TV on Saturday, June 27, 2026, Dr. Asante said the use of criminal contempt in media-related cases has attracted criticism over the years and should be carefully reconsidered.

“The use of criminal contempt, which I think many people have criticised since the Montie times and the election petition times, creates a conflict of interest for the judge,” he said.

“You become sort of judge, jury and executioner. Because of the separation of powers, you want to be able to segregate some of these actions,” he added.

Dr. Asante noted that some jurisdictions instead rely on defamation laws to address disputes involving media publications, rather than criminal contempt proceedings.

“In some places, they use defamation laws. So there are clear rules around how these kinds of processes are dealt with,” he said.

He maintained that while journalists must respect court decisions, legal mechanisms governing media-related disputes should protect both the authority of the courts and the constitutional right to freedom of expression.