Limits to Religious Freedom?

The scandal of Evangelist Patricia Asiedua, popularly known as Nana Agradaa, formerly a shrine priestess, who is beginning a 15-year sentence, with hard labour, for a scam involving the duping of some Ghanaians, is headline news. 

Agradaa claimed that if you gave her money, she would double it.

This palpably did not happen.

The ensuing furore stimulated renewed debate about religious freedom in Ghana.

Her conviction, specifically for “charlatanic advertisement” and “defrauding by false pretences” under Ghana’s Criminal Offences Act, 1960 (Act 29), serves as a stark reminder that even claims made under a religious guise are not immune from legal scrutiny when they involve fraud and exploitation.  

Religious freedom

This is not the first time that the issue of religious freedom has raised its head. It has been on the table for many years.

The Provisional National Defence Council (PNDC) government of Jerry John Rawlings received sustained and vigorous pushback from religious bodies, notably the Christian Council of Ghana, when the PNDC mooted the issue of religious regulation in the mid-1980s. 

Indeed, the opposition to the proposed PNDC measure was an element in a broader civil society response to the failure of the PNDC to democratise.

Pressure from civil society contributed to the PNDC’s acceptance of the desirability of a referendum to ascertain popular preferences for the political way forward.

The 1991 referendum, which delivered a resounding pro-multiparty democracy vote, led directly in 1992 to the Fourth Republic, marking the return of liberal democracy to Ghana, a regime which survives to the current time and seeks to protect religious freedom.

This historical context underscores the deep-seated apprehension within Ghana’s religious communities towards any form of state intervention in their affairs.  

Discrimination

Ghana’s 1992 Constitution prohibits religious discrimination and provides for individuals’ freedom to profess and practice any religion.

Article 21(1)(c) of the Constitution firmly establishes this right.

However, while the freedom to believe is absolute, the manifestation of that belief is inherently subject to limitations, particularly when it infringes upon public safety, order or the rights and well-being of others. 

It is a common statement in Ghana that “your rights end where someone’s rights begin.” In other words, you cannot violate the laws of the land or infringe on other people’s rights.

Although discussed over time, by the end of 2024 and the demise of the Akufo-Addo government, there was no further movement on a proposed regulatory framework that would clarify individual religious rights and the responsibilities of publicly financed institutions, particularly regarding elementary and secondary schools.

One-man churches

Over the last few decades, Ghana has experienced an explosion of ‘one-man churches’.

Someone announces that they are a ‘man or woman of God’.

They start a church, give it a name, advertise it on social media and elsewhere, find a venue, hold religious services and hope that the people will come.

Being charismatic helps.

The best-known and most popular pastors in Ghana are undeniably charismatic, and this helps to build a following.

What then? Entry to the church is free: no admission charge. But once inside, the hard sell begins.

Donate money to the pastor/church to receive blessings and the approval of Jesus Christ.

But, many people ask, where does the money go?

Is there a link between the ostensible wealth of some pastors and the ‘tithes’ that congregants donate to their churches?

Proliferation of largely unregulated ‘one-man churches’ encounters the discourse on religious freedom. Representing a vibrant expression of faith, such churches also bring significant challenges, including accountability, transparency and consumer protection.

Critics allege that the existing regulatory framework – that is, registration with the Registrar General’sDepartment – fails to address religious organisations’ financial practices and potential for exploitation, as the Agradaa scandal illustrates.

Prominent political figures’ endorsement of what some regard as questionable self-styled religious figures is contentious.

A prominent political figure making a significant donation to such a figure as Agradaa can be seen as implicit validation of her ministry, despite controversial practices.

The problem is that when prominent people give money to controversial religious figures, it may inadvertently encourage ‘ordinary’ people also to donate hard-earned cedis. 

Dilemma

Ghana faces a difficult issue: Are existing legal provisions, coupled with robust enforcement, adequate to regulate religious operatives?

Or, is something more needed?

Those endorsing more regulation often point to Rwanda, where there are stringent regulations on church operations, including requirements for theological degrees for clerics and good standards for religious facilities

The aim is to curb the proliferation of unregulated religious groups and address abuses. 

Heightened regulation raises the hackles of Ghana’s religious bodies.

They fear that it would inevitably lead to the denial of religious freedom.

Instead, they demand stronger self-regulation, claiming that established Christian and Islamic bodies are best placed to enforce ethical standards and discipline within their faiths.

The Agradaa scandal highlights Ghana’s dilemma: how effectively to protect citizens from what many see as deceptive religious practices while upholding the constitutional commitment to religious freedom.

Today, there are growing calls for a clear and workable national policy on religious accountability, transparency and limits to religious freedom.

How this pans out will shape the future landscape of faith and its regulation in Ghana.

The writers are Emeritus Professor of Politics, London Metropolitan University, UK, and a political scientist.