Private legal practitioner Martin Kpebu has expressed concerns over the Economic and Organised Crime Office's (EOCO) decision to seek a court warrant to arrest the Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah. According to Kpebu, Parliament already has a procedure for making MPs available to law enforcement agencies. He stated that under Section 20 of the Parliament Act, law enforcement agencies can write to the Speaker of Parliament to request an MP's availability.
Kpebu questioned why EOCO would seek a court warrant when the parliamentary procedure remains available. He noted that the Speaker of Parliament, in making the MP available, would ask law enforcement to come to Parliament. This approach, according to Kpebu, would help ensure that MPs cooperate with investigations while also protecting the privileges attached to their office.
The issue began after an Accra High Court granted EOCO a warrant to arrest the legislator. The agency told the court that its officers had exhausted reasonable means of securing the MP's voluntary attendance. Kpebu argued that requiring an MP to report directly to a police station could create an opportunity for prolonged detention.
Kpebu expressed concern that a vindictive or overzealous police officer or government might use the opportunity to keep the MP at the police station for an extended period. He emphasized that the parliamentary procedure could help prevent such situations.
The case against Nana Agyei Baffour Awuah involves a recovery battle related to Equity Savings & Loans. The MP's constituents have demanded an apology from EOCO over the attempt to 'unlawfully' arrest him. Afoakwa, a lawyer, has also reported an alleged EOCO assault to the police.
Several stakeholders have reacted to the issue, with some questioning EOCO's approach. Inusah Fuseini, a law lecturer, stated that EOCO should have secured a warrant before attempting to arrest the MP at the court premises. Bobby Banson condemned EOCO's attempted arrest of Nana Agyei Baffour Awuah.
The incident has sparked a wider debate about the powers of law enforcement agencies and the privileges of MPs. Key stakeholders, including the Ghanaian government and Parliament, will be watching the situation closely. The case is set to continue, with the MP's lawyer, Inusah Fuseini, asking if Section 41 can cure the lacuna in the EOCO Act.
Key points
- Martin Kpebu questions EOCO's decision to seek a court warrant to arrest Manhyia South MP Nana Agyei Baffour Awuah.
- Kpebu suggests that Parliament's procedure for making MPs available to law enforcement agencies should be used instead of a court warrant.
- The incident has sparked a debate about the powers of law enforcement agencies and the privileges of MPs.
