The Minority in Parliament has raised serious concerns over the legality of the detention of Maxwell Kofi Jumah by the Economic and Organised Crime Office (EOCO), questioning both the procedure and the motives behind the move.
Speaking through its legal counsel, the caucus criticised the state for failing to formally charge the former Managing Director of GIHOC Distilleries Company Limited, describing the process as opaque and procedurally flawed.
Honourable John Darko, Member of Parliament for Suame, maintained that the authorities had disregarded Article 14(2) of the Constitution, which guarantees that arrested persons are promptly informed of the reasons for their detention.
According to Darko, the absence of any official explanation suggests more than administrative oversight, pointing instead to what he believes may be a concealed agenda.
He expressed concern that Jumah had been held without communication, stressing that constitutional safeguards are not optional, regardless of political affiliation.
He further noted that the detention reportedly exceeded the constitutionally permitted forty-eight-hour limit without the suspect being brought before a competent court.
“There can be no other explanation for this than politics. If we had been told that he had done A, B, C, or D as the basis for his arrest, then at least we could interrogate those grounds. But as it stands, we have been given no such information. And if reports are accurate, he is now in his second day of detention, in breach of the statutory 48-hour rule, without being brought before a court for remand. What kind of democracy operates in this way?”
Hon. John Darko, MP for Suame and Minority Legal Counsel
Such a development, he argued, calls into question the country’s commitment to its own democratic principles and legal standards, which he described as a “Rambo-style behavior” of the constitution.
Honourable Darko alleged that state operatives entered the property without prior notice, seizing house keys and personal electronic devices.
The Suame MP characterised the operation as heavy-handed and inconsistent with lawful procedure, particularly in the apparent absence of a valid search warrant.
The legal team also pointed to the silence of the Attorney-General, noting that neither Jumah’s lawyers nor his family had received any formal briefing.
He emphasised that EOCO, as an agency under the Attorney-General’s purview, is expected to uphold strict professional and constitutional standards.
He contrasted EOCO’s conduct with that of the regular police service, arguing that even standard arrest protocols appear to have been bypassed.
In his view, detaining an individual without explanation constitutes a clear breach of constitutional rights and raises concerns about possible political interference.
“To hold somebody without reasons is a clear violation of the person’s constitutional right. And the only reason why you want to breach somebody’s constitutional right is for political reasons.”
Hon. John Darko, MP for Suame and Minority Legal Counsel
Beyond the immediate case, the Minority argued that the Government’s focus appears misplaced. He cited ongoing issues such as alleged corruption, procurement breaches, and illegal mining activities, suggesting that these matters have not received comparable attention from law enforcement agencies.
The Legal Counsel of the Minority has called on the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate the circumstances surrounding the arrest, describing the episode as a potential violation of fundamental rights.
Minority Raises Alarm Over ‘Unlawful’ Raid on Jumah
Further details from the Legal Counsel of the Minority have reinforced concerns about the manner in which the operation was carried out.
According to the Legal Counsel, officers entered the residence and removed private property, including keys, in what he described as an aggressive and unwarranted intervention.
Honourable John Darko condemned the conduct as irresponsible and called on civil society organisations to speak out against what he views as an erosion of due process.
He also pointed to what he described as a double standard, alleging that while opposition figures face scrutiny, reported misconduct within government circles is often overlooked.
The Minority MP contended that the timing of the arrest is significant, linking it to rising public dissatisfaction with economic conditions.
Honourable Darko urged the public to resist the misuse of state authority for partisan ends, warning that such practices could weaken Ghana’s human rights record and democratic institutions.
He argued that the growing tendency to deploy independent bodies for political purposes risks undermining decades of democratic progress.
Concerns were also raised about the legality of the search itself, with the legal team insisting that the absence of a warrant invalidates the entire exercise. \
“How do you go to somebody’s house and take the keys to the house away? This is irresponsible conduct, and we as the people should reject that.”
Hon. John Darko, MP for Suame and Minority Legal Counsel
The seizure of laptops and other personal devices, he added, heightens the seriousness of the alleged breach.
Darko further urged professional bodies, including the Ghana Bar Association, to take a definitive stance, cautioning that silence could embolden further excesses.
He contrasted the state’s handling of this case with what he described as inaction on procurement irregularities highlighted in recent audits.
The Legal Counsel has indicated its readiness to pursue further action should the detention continue without judicial oversight, maintaining that the case lacks a credible legal foundation.
Darko reaffirmed the importance of constitutional protections, insisting that no individual should be held without due process.
He maintained that the use of security agencies in this manner suggests political direction from the executive, a claim he said should concern all Ghanaians.
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