Parliament has expressed concern over the continued detention of Manhyia South MP Nana Agyei Baffour Awuah by the Economic and Organised Crime Office, raising questions about due process, parliamentary privileges and the use of investigative powers.
In a statement issued by its Media Relations Directorate, Parliament said Speaker Alban Bagbin was concerned about the circumstances surrounding the detention, particularly after the legislator voluntarily reported to EOCO to assist with an ongoing investigation.
Mr Baffour Awuah reported to EOCO on Thursday, October 1, after the Accra High Court authorised his arrest and the search and seizure of documents connected to an investigation involving alleged financial transactions at SIC Life Savings and Loans. EOCO subsequently placed him under arrest.
Parliament Says MPs Are Not Above the Law
Parliament stressed that its intervention should not be interpreted as an attempt to shield the Manhyia South legislator from investigation.
“Members of Parliament are not above the law,” the statement said, adding that where an MP is reasonably suspected of committing an offence, the law must take its course.
It argued, however, that the Constitution and other laws provide safeguards governing interactions between legislators and state institutions because MPs also exercise mandates on behalf of their constituents.
Parliament said those protections are intended to preserve the independence and effective functioning of the legislature rather than create immunity from accountability.
The controversy over procedure predates Mr Baffour Awuah’s detention. Majority Leader James Agalga had earlier criticised the manner in which EOCO attempted to arrest the MP, arguing that the agency should have formally engaged the Speaker. Private legal practitioner Martin Kpebu has expressed a similar view.
Speaker Questions Overnight Detention
Parliament said it was particularly concerned about whether keeping the MP in custody after he voluntarily appeared before investigators was necessary and proportionate.
“The power to arrest or detain is a serious coercive power of the State,” the statement said, arguing that it should always be exercised lawfully and with respect for the dignity and constitutional rights of individuals.
According to Parliament, if the purpose of obtaining the warrant was to secure Mr Baffour Awuah’s attendance, his voluntary appearance meant any continued detention required a clear legal and investigative justification.
The MP has remained in EOCO custody for more than one night. His lawyer, Samuel Atta Akyea, said his client underwent several hours of questioning on Friday and criticised the decision to keep him overnight again.
EOCO, for its part, says it is working with the Office of the Attorney General to bring Mr Baffour Awuah before a weekend court within the constitutional timeframe governing detention.
The agency has maintained that its investigative and operational procedures are ongoing.
Parliament to Review Rules Governing Arrest of MPs
The Speaker also wants Parliament to examine the legal framework governing the arrest, detention and prosecution of sitting MPs.
Parliament said similar questions had emerged in previous cases during the Fourth Republic and suggested that greater procedural clarity could prevent future institutional disputes.
It indicated that lawmakers could consider legislation where necessary to ensure accountability and due process operate alongside parliamentary independence.
Bagbin Calls for Institutional Restraint
The statement also contained a broader warning against using state power in ways that could deepen political divisions.
“A political opponent is not a political enemy,” the Speaker said, adding that alleged excesses under previous governments should not be used to justify questionable practices today.
Parliament urged EOCO and other institutions handling the matter to comply strictly with the Constitution, applicable laws and court orders while respecting the MP’s rights.
EOCO has separately urged the public to avoid premature conclusions about Mr Baffour Awuah’s culpability, stressing that the allegations remain under investigation and have not been determined by a court.
The immediate issue now turns to the weekend court proceedings and whether Mr Baffour Awuah will be granted bail while EOCO continues its investigation.
