Parliament has expressed grave concern over the continued detention of the Member of Parliament for Manhyia South, Hon. Nana Agyei Baffour Awuah, by the Economic and Organised Crime Office (EOCO), after the legislator voluntarily presented himself to the agency following reports of a High Court warrant for his arrest.
The Speaker of Parliament, Rt Hon. Alban Sumana Kingsford Bagbin, described the circumstances surrounding the MP’s detention as a matter of serious concern to Parliament, raising questions about the Member’s rights, the privileges and independence of Parliament, and the proper exercise of investigative powers by state institutions.
Parliament affirmed unequivocally that Members of Parliament are not above the law, stating that where a member is reasonably suspected of having committed an offence, the law must take its course.
At the same time, Parliament noted that Members do not act merely in their personal capacities, and that certain legal safeguards govern interactions between Members and other organs of state, not to shield them from accountability, but to protect the independence of Parliament and the mandate of the people they represent.
Parliament said the Speaker had been informed that the High Court directed EOCO to enforce the warrant against the Member, but noted that the Speaker had not yet seen the terms of that directive and therefore does not purport to interpret it.
“Once the Member voluntarily presented himself to EOCO and submitted to its processes, any decision to continue holding him in custody ought to have a clear and demonstrable basis in law and necessity.”
Speaker of Parliament, Rt Hon. Alban Sumana Kingsford Bagbin
Questions Over Necessity and Proportionality
Parliament stated it was particularly concerned about the necessity and proportionality of detaining a member who voluntarily reported to EOCO and, as Parliament understands it, cooperated fully with the process.
It stressed that the power to arrest or detain is a serious coercive power of the state that must always be exercised lawfully, reasonably and with due regard to constitutional rights and human dignity.
Parliament argued that where the purpose of securing a person’s attendance has already been achieved through voluntary appearance, continued detention should not become routine or punitive.
It added that if the warrant or a court order required the Member to be brought before the High Court, every reasonable effort should have been made to place him before the court at the earliest lawful opportunity.
Pattern Warranting Closer Scrutiny
Parliament noted that this is not the first time questions have arisen concerning the arrest, detention or prosecution of sitting Members of Parliament, recalling previous experiences involving Members since the advent of the Second Parliament of the Fourth Republic.
It said these episodes point to a need for greater clarity around the procedures applicable when investigative or prosecutorial authorities seek to arrest, detain or prosecute a sitting Member.
In response, Parliament announced it will examine the existing constitutional and statutory framework governing such matters and, where necessary, consider appropriate legislation to ensure that accountability, due process and the rule of law coexist with the independence and effective functioning of Parliament.
Call for Institutional Restraint
Parliament called on all state institutions and public officials to exercise coercive powers with restraint, fairness and full respect for constitutional rights.
The Speaker reiterated that a political opponent is not a political enemy, and cautioned against justifying present conduct by pointing to similar conduct under a previous administration.
“Ghana cannot build a stronger democracy by perpetuating a cycle in which questionable conduct is defended merely because similar conduct occurred under a previous administration. This cycle must end.”
Speaker of Parliament, Rt Hon. Alban Sumana Kingsford Bagbin
Call For Due Process
Parliament urged that all matters concerning Hon. Nana Agyei Baffour Awuah be handled strictly in accordance with the Constitution, the law and all applicable court orders, with full respect for his rights and without unnecessary interference with the constitutional work of Parliament.
The statement adds to recent tension between Parliament, the legal profession and investigative agencies over the treatment of lawmakers and lawyers in the course of enforcement actions, following earlier concerns raised by the Ghana Bar Association over a separate incident involving an attempted arrest at the Accra High Court Complex.
As the matter unfolds, attention will turn to how EOCO and the courts respond to Parliament’s call for clarity and restraint in handling cases involving sitting Members of Parliament.
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