Legal practitioner Samson Lardy Anyenini has challenged the broad interpretation of parliamentary privilege under Article 117 of Ghana's 1992 Constitution. He argued that the provision does not give Members of Parliament (MPs) blanket protection from arrest or the service of legal processes. According to him, Article 117 specifically protects an MP while attending parliamentary proceedings. Anyenini made these comments on Adom FM Dwaso Nsem following the controversy over the attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah by Economic and Organised Crime Office (EOCO) officials.
Anyenini emphasized that being an MP does not automatically place a legislator beyond the reach of law enforcement, particularly when Parliament is on recess or there is no evidence that the MP is engaged in parliamentary business. He stated that if there is a scheduled committee process in Parliament, that is not difficult to prove. The lawyer also referred to a 2026 clarification by Speaker Alban Bagbin that security agencies do not require his permission before arresting or inviting an MP for questioning.
The controversy surrounding Article 117 protections has been highlighted by the recent attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah. EOCO officials attempted to arrest him after proceedings at the Accra High Court, generating significant attention. Anyenini stressed that the current controversy underscores the need for a clearer understanding of the circumstances in which Article 117 protections apply.
Anyenini noted that the protection provided by Article 117 has been "so abused." He mentioned that MPs sometimes claim to be attending to Parliament while in their bedrooms, which makes it difficult to determine the legitimacy of their claims. According to him, there is a need to be clear about the application of Article 117 to prevent its abuse.
The matter of Article 117 protections is currently before court, and Anyenini emphasized the importance of resolving the issue. He stated that the current situation is "dangerous to our democracy" and requires urgent attention. The lawyer's comments have sparked a renewed debate about the interpretation of parliamentary privilege in Ghana.
In 2026, Speaker Alban Bagbin clarified that security agencies do not need his permission to arrest or invite MPs for questioning. This clarification was made to address concerns about the abuse of Article 117 protections. However, the issue remains contentious, with many calling for a clearer understanding of the provision.
The controversy surrounding Article 117 protections highlights the need for a balanced approach to parliamentary privilege and the rule of law. While MPs require protection to perform their duties, the provision should not be abused to shield them from accountability. The issue is expected to continue to generate debate and discussion in Ghana's parliament and among the general public.
Key points
- Lawyer Samson Ayenini challenges the broad interpretation of parliamentary privilege under Article 117 of Ghana's 1992 Constitution.
- Article 117 does not give MPs blanket protection from arrest or the service of legal processes.
- The matter of Article 117 protections is currently before court, highlighting the need for a clearer understanding of the provision.
