Parliament has raised serious concerns over the continued detention of Manhyia South MP, Nana Agyei Baffour Awuah, by the Economic and Organised Crime Office (EOCO), insisting due process must be respected.
The MP voluntarily reported to EOCO on Thursday, October 1, after reports that the High Court had issued a warrant for his arrest.
In a press statement on Saturday, October 3, Parliament said it was gravely concerned that the lawmaker remained in custody despite turning himself in and cooperating with investigators.
The Speaker of Parliament, Hon Alban Sumana Kingsford Bagbin, said the development raises questions about the MP’s constitutional rights, parliamentary privilege and independence, and how investigative powers are exercised.
He stressed that MPs are not above the law and must face the law when reasonably suspected of wrongdoing. But he noted that MPs do not act in their personal capacities alone and the law provides safeguards for engagements between Members and other state bodies.
Those safeguards, Parliament said, are not meant to protect MPs from accountability, but to protect the independence of the legislature and the mandate of constituents.
Parliament said the Speaker had been informed that the High Court directed EOCO to enforce the warrant, but he had not seen the full terms of the directive and would not interpret it.
It questioned why the MP continues to be held after voluntarily presenting himself, saying any continued detention must have a clear legal basis and justification.
EOCO is expected to put Baffour Awuah before a weekend court today, October 3, as part of the ongoing probe.
Parliament said it was particularly worried about the necessity and proportionality of detaining someone who had willingly reported himself.
“The power to arrest or detain is a serious coercive power of the State and must always be exercised lawfully, reasonably and with due regard to the constitutional rights and dignity of every person,” the statement said.
“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.
It said if the warrant required the MP to be brought before the High Court, all reasonable efforts should have been made to present him at the earliest opportunity.
Parliament noted this is not the first time the arrest and detention of sitting MPs has raised concerns, citing similar incidents since the Second Parliament of the Fourth Republic.
It said those experiences show the need for clearer procedures when state agencies seek to arrest, detain or prosecute serving MPs. It will therefore review the constitutional and legal framework and consider new legislation if needed to balance accountability and due process with Parliament’s independence.
The House called on state institutions to exercise coercive powers with restraint, fairness and respect for constitutional rights.
The Speaker reiterated that “a political opponent is not a political enemy,” stressing that past excesses cannot justify current ones.
Parliament urged that all issues relating to Baffour Awuah be handled strictly in line with the Constitution, the law and court orders, with full respect for his rights and without needless interference in Parliament’s work.
