Member of Parliament for Akyem Swedru, Kennedy Osei Nyarko, has questioned the decision by the Economic and Organised Crime Office (EOCO) to detain the Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, after he voluntarily reported himself to the agency.
Mr Osei Nyarko argued that a sitting Member of Parliament could be granted bail on his own recognisance and should not ordinarily be required to provide another person as surety.
His comments follow the detention of Mr Baffour Awuah after he reported to EOCO on Thursday, October 1, 2026, accompanied by his lawyer, Samuel Atta Akyea.
The Manhyia South MP’s appearance before the agency came after an Accra High Court issued an arrest and search warrant on September 30 in connection with an ongoing investigation.
In a statement, Mr Osei Nyarko said the status of a sitting legislator should be taken into consideration when decisions are made concerning bail.
“A member of parliament can be granted a self cognisance bail. He or she can be a surety for himself. He doesn’t need anyone to serve as a surety for him,” he wrote.
According to him, a serving MP should not ordinarily be treated as a flight risk in circumstances where there is no evidence suggesting an intention to evade the investigative or judicial process.
He also questioned the necessity of imposing additional bail requirements in such circumstances.
“Except in situations where the investigative body or a court wants to use its discretionary powers to show a person where the power lies, that’s when they will insist for a bail bond,” he stated.
Mr Osei Nyarko’s comments add to growing concerns from political and legal figures over the continued detention of Mr Baffour Awuah and the manner in which investigations involving sitting legislators are conducted.
Mr Baffour Awuah reported to EOCO on Thursday October 1 in the morning after the High Court issued a warrant authorising his arrest and searches of locations relevant to the investigation.
He was accompanied by Mr Atta Akyea and some of his parliamentary colleagues.
EOCO subsequently questioned the MP as part of its investigation and detained him overnight, with investigators expected to continue the process.
The agency has maintained that the MP voluntarily surrendered himself and has been cooperating with investigators.
The arrest and search warrant also paved the way for searches of the MP’s residence and office for documents and other material considered relevant to the investigation.
The development has generated debate over whether continued detention was necessary, particularly after the MP voluntarily appeared before investigators.
The latest action by EOCO follows a September 23 confrontation between the MP and officers of the agency near the Accra High Court.
The incident resulted in Mr Baffour Awuah seeking temporary refuge within the parliamentary precincts and subsequently triggered discussions over the appropriate procedure for investigating a sitting Member of Parliament.
EOCO has maintained that it had invited the MP twice in February 2026 to assist with its investigations.
The agency subsequently told the High Court that efforts to secure his attendance had not yielded the desired result and raised concerns about the possibility of relevant documents being concealed, altered or destroyed.
Mr Baffour Awuah, however, has disputed aspects of EOCO’s account.
He has explained that the February invitations were referred to the Clerk to Parliament and that representatives of his former law firm subsequently engaged the agency on March 4, March 18 and April 30, providing information requested by investigators.
The differing accounts have become part of the wider debate over whether the MP had failed to cooperate with EOCO or had instead taken steps through parliamentary channels to respond to the agency’s requests.
The investigation centres on financial transactions involving SIC Life Savings and Loans Company Limited and a debt recovery assignment linked to the MP’s former law firm, Sarkodie Baffour Awuah & Partners.
The law firm was reportedly engaged by SIC Life to assist in recovering an investment associated with the defunct Equity Savings and Loans.
EOCO’s investigation is examining suspected offences arising from the transactions, including alleged criminal conspiracy, money laundering, causing financial loss and possible tax-related breaches.
The investigation is also looking into financial arrangements and legal fees connected to the debt recovery assignment.
Mr Baffour Awuah has denied wrongdoing and maintained that the transactions in question were part of legitimate legal work undertaken by his former law firm.
He has also disputed allegations concerning payments reportedly made to the firm.
No court has established criminal liability against the MP in relation to the allegations, and the investigation remains ongoing.
The detention of Mr Baffour Awuah has intensified discussions about the application of investigative powers to serving Members of Parliament.
Supporters of the MP have questioned why he should remain in custody after voluntarily appearing before EOCO, particularly following searches of his residence and office.
They have also argued that his position as a sitting legislator and his public presence should be considered when assessing whether he poses any risk of absconding.
Mr Osei Nyarko has now joined those questioning the continued detention, arguing that a sitting MP should be capable of securing bail on his own recognisance where the circumstances permit.
EOCO, however, maintains that its actions form part of an ongoing investigation and that it is exercising its statutory mandate in examining the financial transactions under review.
The case has consequently placed renewed focus on the balance between the investigative powers of state agencies, the rights of persons under investigation and the constitutional and legal considerations that may arise when the suspect is a sitting Member of Parliament.
As investigations continue, the circumstances surrounding Mr Baffour Awuah’s detention and any subsequent decision on bail are expected to remain a subject of legal and political discussion.
By 1960news.com
