Private legal practitioner Martin Kpebu has criticised the reported attempt by officials of the Economic and Organised Crime Office (EOCO) to arrest Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, describing the incident as a worrying setback to Ghana’s democratic development.
According to Mr Kpebu, the appropriate procedure for dealing with a sitting Member of Parliament suspected of committing an offence requires engagement with the Speaker of Parliament rather than an abrupt attempt to apprehend the legislator.
Speaking in an interview with the media, he argued that the constitutional and parliamentary framework provides safeguards intended to prevent security agencies from being used to intimidate or clamp down on outspoken lawmakers, particularly those in opposition.
“It’s a retrogression in our quest for a better democracy. It’s a retrogression,” Mr Kpebu said.
He explained that, in his understanding, the Parliamentary Service Act, 1993 (Act 460) and Ghana’s constitutional framework provide a process through which law enforcement agencies can engage Parliament when they need the presence of a sitting MP in connection with an investigation.
According to him, the relevant authorities should formally communicate with the Speaker, who would then make arrangements with the MP regarding when and how he could make himself available.
“Whether he’s on suspicion of having committed an offence, my understanding so far is that you would write to the Speaker of Parliament,” he said.
He added that the Speaker could subsequently engage the affected MP and agree on a suitable time for the legislator to avail himself to the authorities.
Mr Kpebu further recalled an approach adopted during the tenure of former Speaker of Parliament Professor Aaron Mike Oquaye, arguing that such arrangements could allow law enforcement agencies to conduct their work without physically removing an MP from the parliamentary precincts.
He said security officials could instead meet the MP within Parliament, where appropriate facilities could be made available for questioning or other lawful processes.
He argued that such procedures are important safeguards in a constitutional democracy because they could help prevent a government in power from using state security institutions against politically vocal legislators.
“We avoid a situation where a ruling government will try to use the police and other security agencies to clamp down on vociferous opposition MPs,” he said.
Mr Kpebu also cautioned political actors against establishing practices that could later be used against them when political power changes hands.
He stressed that no political party could remain in government indefinitely, making it necessary for successive administrations to uphold democratic safeguards regardless of which party was in power.
“That one, yes, we all must support it because we don’t know. Look, listen, this is our democracy. No party can stay in office forever. So the tables will always turn,” he said.
He therefore urged officials exercising state power to be mindful of the precedents they establish, warning that measures used against political opponents could eventually be applied to members of the governing party when the political tables turn.
“When officials are doing this, they should be careful, very, very careful,” Mr Kpebu cautioned.
The lawyer also referred to Ghana’s recent political history, arguing that political parties should learn from previous experiences and avoid actions that could undermine public confidence in democratic institutions.
He said the circumstances surrounding the reported incident should be considered against the broader principle that state institutions must operate within established constitutional and parliamentary procedures.
“It was just yesterday when we drove out NPP because of such matters. NDC comes and they are repeating the same. So then they should know how Ghanaians will react,” he said.
Mr Kpebu also expressed concern about the manner in which the MP was allegedly treated during the confrontation.
He said: “The way he was being pushed…”
His comments followed reports of a confrontation at the Accra High Court involving EOCO officials and Nana Agyei Baffour Awuah, who was at the court in his capacity as legal counsel for detained nurse Salomey Badu.
The reported incident has generated debate over the extent to which law enforcement agencies can act against a sitting legislator, particularly when the MP is performing his professional duties as a lawyer in court.
The development has also renewed discussions about parliamentary privileges, the independence of Parliament and the procedures that security agencies are expected to follow when seeking to question or arrest sitting lawmakers.
Mr Kpebu’s position is that adherence to established parliamentary procedures is essential not only for protecting individual MPs but also for safeguarding Ghana’s democratic institutions and preventing the abuse of state power.
By 1960news.com
