Private legal practitioner Martin Kpebu has questioned the detention of Manhyia South Member of Parliament, Honourable Nana Agyei Baffour Awuah, arguing that keeping the lawmaker in custody does not strengthen the Economic and Organised Crime Office’s investigation. He contended that the MP has been aware of the matter for months without attempting to abscond, making prolonged detention difficult to justify.
Speaking on the issue, Counsel Kpebu explained that a suspect who has not fled and is willing to engage investigators can be released on bail while the case proceeds through the appropriate legal process. He argued that investigators who believe they have sufficient evidence should allow the matter to be tested before a court.
The private legal practitioner also challenged the basis on which EOCO relied on a bench warrant to pursue the lawmaker. He explained that, in ordinary legal practice, a bench warrant is associated with a pending court matter where a person who is expected to appear fails to attend.
“A bench warrant is issued when there is a pending criminal case. It means there is a live case, you are aware that the court will be sitting on a particular date, and you fail to turn up. In this case, there has been no prior hearing, so a bench warrant does not arise.”
Martin Kpebu
Martin Kpebu also argued that the purpose of a bench warrant does not ordinarily extend to keeping an individual in custody for investigators to conduct questioning. He noted that where a person is arrested under such a warrant, the individual should be taken before the judge rather than being held while investigators pursue separate searches and investigative activities.
The lawyer therefore questioned the explanation that the warrant was intended to facilitate further investigations. He indicated that the application presented to the court, as he has reviewed it, sought the arrest of Baffour Awuah for investigative purposes rather than to secure his appearance in an already pending hearing.
Meanwhile, Mr Kpebu linked the issue to the constitutional protection of a suspect’s right to remain silent. He argued that refusing to answer questions does not, by itself, provide a basis for any detention because the law recognises an individual’s right not to incriminate himself.
The private legal practitioner consequently emphasised that investigators should rely on evidence and the judicial process instead of treating custody as an investigative tool. He also argued that where authorities believe detention is necessary, the constitutional requirements governing the period of detention must be strictly observed.
EOCO Moves to Take Baffour Awuah Before Weekend Court
The Economic and Organised Crime Office has announced plans to bring Manhyia South Member of Parliament, Nana Agyei Baffour Awuah, before a weekend court as investigations into allegations involving him continue. The agency disclosed that it is working with the Office of the Attorney-General to meet the constitutional timelines and procedural requirements governing bail.
The announcement followed Baffour Awuah’s voluntary surrender to EOCO at about 10 a.m. on October 1, 2026. According to the agency, the lawmaker has been cooperating with investigators while the necessary investigative, procedural and operational processes continue.
EOCO’s position provides a direct response to questions surrounding the duration of the MP’s detention. The agency indicated that its next step is to secure his appearance before a court within the applicable constitutional framework rather than treating the ongoing investigation as a substitute for judicial proceedings.
“Mindful of the applicable constitutional timeframes and procedural requirements governing bail, the Office is fervently working with the Office of the Attorney-General to bring the Suspect before a weekend court.”
EOCO
The statement also sought to correct reports circulating about the MP’s bail status. EOCO specifically urged the public to disregard reports that it has granted Baffour Awuah GH¢50 million bail, indicating that no such bail has been granted by the Office.
Against this position, private legal practitioner Martin Kpebu has raised questions about the need for detention while investigators pursue the case. He argued that the constitutional requirement concerning detention means authorities must move promptly to court where they consider further custody necessary.
Mr Kpebu explained that the 48-hour requirement should not be interpreted as permission to wait until the final moment before taking a detained person before a court. His argument is that where investigators require continued detention beyond the initial period, the appropriate judicial process must be initiated within the constitutionally prescribed timeframe.
The lawyer further contended that the fact that an investigation remains active does not remove the safeguards governing personal liberty. He argued that investigative agencies can continue their work while a suspect participates in the judicial process, including through bail where the circumstances permit.
EOCO has, however, indicated that its investigation remains active and that Baffour Awuah is cooperating with the process. The agency has also stated that the investigation concerns allegations including criminal conspiracy, financial loss to SIC Savings and Loans, money laundering and tax-related offences, while urging the public to avoid premature conclusions about culpability.
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