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in General News

GBA Demands Due Process In Enforcement Actions Involving Lawyers

Bright Aboagyeby Bright Aboagye
September 25, 2026
Reading Time: 5 mins read
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Ghana Bar Association

Ghana Bar Association

The Ghana Bar Association has called on the Economic and Organised Crime Office and other state institutions to uphold due process when enforcement actions involve lawyers performing their professional duties.

In a statement, the GBA raised the issue following an attempted arrest of Manhyia South Member of Parliament and lawyer, Honourable Nana Agyei Baffour Awuah, at the Accra High Court Complex on September 23, where he represented a client.

nana
Honourable Nana Agyei Baffour Awuah, Member of Parliament for Manhyia South

The Association also drew attention to a complaint by another lawyer, Mr Enoch Anhwere Afoakwa, who reportedly alleged that he was assaulted by the woman later identified by EOCO as one of its officers during the incident.

According to the GBA, the legality of investigations involving members of the legal profession must be considered alongside constitutional protections and the need for lawyers to represent their clients without intimidation or interference. The Association warned that enforcement measures that appear irregular could affect public confidence in the justice system while creating apprehension among lawyers who are required to act for clients in sensitive cases.

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It stressed that lawyers are central to the administration of justice. The GBA therefore urged EOCO and relevant state agencies to ensure that their operations are consistent with fairness, constitutional safeguards and respect for the rights of persons affected by investigations.

“Lawyers play a critical role in the administration of justice and the protection of the rights of citizens. Any action that appears to interfere with their ability to discharge their professional duties, particularly through arbitrary or irregular measures, risks undermining public confidence in the justice system and the rule of law.”

Ghana Bar Association

The Association further referenced remarks made by its President, Mrs Efua Ghartey, at the 2025 annual conference in Wa, where she called for lawyers to be allowed to defend clients of their choice without being heckled or subjected to conduct that could discourage the provision of pro bono legal services. It also recalled comments from the President’s June 2026 virtual mid-year conference concerning the arrest and detention of former GBA Vice President Justice Minka Premo and a young female lawyer who had gone to the BNI to defend a client.

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Efua Ghartey, GBA President

The GBA noted that the earlier incident raises questions about how security agencies engage lawyers representing clients under investigation, particularly where such actions may interfere with the delivery of legal services. The Association consequently stressed that the rule of law requires justice to be both done and visibly administered through procedures that command public confidence.

GBA Questions Conduct Of EOCO Officers At Accra High Court

The Ghana Bar Association also questioned the manner in which an Economic and Organised Crime Office officer attempted to take Manhyia South MP Nana Agyei Baffour Awuah into custody at the Accra High Court Complex.

The incident occurred after the MP appeared at the court as counsel for Madam Salomey Baffoe Awiti, whose bail application was before the court in the ongoing Ghana Jollof case. The GBA indicated that the circumstances surrounding the encounter required attention because the attempted arrest occurred while the legislator was also engaged in his professional responsibilities as a lawyer representing a client.

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EOCO has separately explained that the attempted arrest is part of an ongoing investigation and followed two invitations issued to Nana Baffour Awuah in February 2026 which, according to the agency, were not honoured. The Office subsequently described the attempted arrest as a lawful step intended to secure his attendance in the investigation.

The confrontation escalated around the MP’s vehicle before the arrest was abandoned, with EOCO later explaining that officers considered further action capable of endangering public safety. The agency also indicated that it has identified two individuals who allegedly intervened during the incident and that their conduct is being assessed.

The GBA, however, approached the matter from the standpoint of professional independence, cautioning that enforcement action involving lawyers must be conducted within constitutional and legal safeguards.

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agyei
Honourable Nana Agyei Baffour Awuah, Member of Parliament for Manhyia South

“The independence of the legal profession is a cornerstone of every democratic society and must be protected at all times. The rule of law demands not only that justice be done, but that it be seen to be done.”

Ghana Bar Association

The incident occurred shortly after Honourable Nana Agyei Baffour Awuah represented his client in court, when a woman identifying herself as an EOCO officer approached him and informed him that he was required at the agency. Honourable Baffour Awuah explained that he requested identification, proof of authority and an arrest warrant, but none was presented, prompting him to offer to drive himself to EOCO to verify the matter.

Honourable Baffour Awuah disclosed that the officer instead insisted that he travelled in an EOCO vehicle, which heightened his suspicion about the situation. He recounted that he consequently drove towards Parliament, believing that he needed to get to safety, and described the encounter as an apparent attempt to take him into custody without adequate identification or documentation.

Reacting to the incident, the Minority Leader, Honourable Alexander Afenyo-Markin, called for scrutiny of the circumstances surrounding arrests on court premises. He urged the Chief Justice to examine whether investigative agencies should enter court premises to arrest persons and stressed that the Minority was not opposed to accountability but expected state institutions to exercise their powers lawfully.

READ ALSO: Kyebi Galamsey: Abuakwa South MP Declares Himself Helpless In The Fight

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Tags: Due processEfua GharteyEOCOGBAGhana Bar Associationlawyers’ professional dutieslegal professionNana Agyei Baffour Awuah
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