Parliament has expressed concern over the continued detention of the Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, by the Economic and Organised Crime Office (EOCO).
In a statement issued on Friday, October 3, 2026, Parliament said the Speaker, Rt. Hon. Alban Sumana Kingsford Bagbin, considers the circumstances surrounding the MP’s detention a matter of serious concern, particularly with regard to his rights, parliamentary privileges and the independence of Parliament.
According to Parliament, the MP voluntarily presented himself to EOCO after reports that the High Court had issued a warrant for his arrest.
The statement said Parliament had been informed that the High Court subsequently directed EOCO to enforce the warrant against the legislator.
However, the Speaker, according to Parliament, has not yet seen the terms of the court’s directive and therefore does not intend to interpret it.
Parliament nonetheless questioned the necessity of continuing to hold the MP in custody after he had voluntarily reported to EOCO and, as understood by Parliament, cooperated with the investigative process.
Parliament stressed that membership of the legislature does not place anyone above the law.
It acknowledged that where a Member of Parliament is reasonably suspected of committing an offence, the appropriate legal processes must be followed.
At the same time, Parliament said MPs do not act solely in their personal capacities because they also carry a constitutional mandate on behalf of their constituents.
It argued that the law therefore provides safeguards governing interactions between sitting MPs and other state institutions, stressing that such safeguards are not intended to shield lawmakers from accountability.
Rather, Parliament said, they are meant to protect the independence of the legislature and ensure that elected representatives can effectively discharge the mandate entrusted to them by the electorate.
Parliament said the power to arrest or detain an individual constitutes a serious coercive power of the state and must be exercised lawfully, reasonably and with respect for constitutional rights and human dignity.
It questioned whether continued detention is necessary in circumstances where the purpose of securing the MP’s attendance had already been achieved through his voluntary appearance at EOCO.
“Where the purpose of securing a person’s attendance has already been achieved through voluntary appearance, continued detention should not become routine or punitive,” Parliament said.
It added that if the warrant or court order required the MP 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.”
The statement did not state that EOCO had acted unlawfully, but called for the circumstances of the detention to be assessed against the applicable legal and constitutional requirements.
Parliament further indicated that the matter has broader implications beyond the case involving the Manhyia South MP.
It noted that this is not the first occasion on which questions had arisen over the arrest, detention or prosecution of a sitting Member of Parliament since the advent of the Second Parliament of the Fourth Republic.
According to Parliament, previous experiences demonstrate the need for greater clarity on the procedures to be followed when investigative or prosecutorial authorities seek to arrest, detain or prosecute a sitting legislator.
Parliament said it would consequently examine the existing constitutional and statutory framework governing such situations.
Where necessary, it said, it would consider appropriate legislation to ensure that accountability, due process and the rule of law are maintained alongside the independence and effective functioning of Parliament.
The legislature also called on state institutions and public officials to exercise coercive powers with restraint, fairness and full respect for constitutional rights.
The Speaker further cautioned against treating political opponents as enemies, urging state institutions and political actors to avoid perpetuating practices that may undermine democratic governance.
“Past excesses cannot justify present excesses,” the statement said, adding that Ghana could not strengthen its democracy by maintaining a cycle in which questionable conduct is defended simply because similar conduct occurred under a previous administration.
Parliament said that cycle must end.
It consequently urged that all matters relating to Nana Agyei Baffour Awuah be handled strictly in accordance with the Constitution, applicable laws and orders of the courts.
It also called for the MP’s rights to be fully respected and cautioned against any unnecessary interference with the constitutional work of Parliament.
By 1960news.com
