Private legal practitioner Kofi Bentil has described the attempted arrest of Ghana's Manhyia South Member of Parliament, Nana Agyei Baffour Awuah, by the Economic and Organised Crime Office (EOCO) as incompetent and unlawful. According to Bentil, the process was driven by unbridled zeal and an effort to harass someone in the performance of their duty. The incident occurred on September 23, 2026, at the Accra High Court Complex, where Baffour Awuah was representing a client.
Fellow private legal practitioner and NPP Communications Team Member, Kwasi Kwarteng, also criticized the timing and manner of the attempted arrest, calling it poor, unintelligent, and unwise. Kwarteng argued that EOCO, although a creation of law, must act within the remit of the law in exercising its functions. He expressed concern that EOCO's actions were doing more damage to the government than good and questioned why the agency was always involved in controversies.
Martin Kpebu, another private legal practitioner, stated that under Ghanaian law, it is permissible to resist an unlawful arrest. Kpebu argued that EOCO was wrong in its approach and should have written to the Speaker of Parliament, as Baffour Awuah is a lawmaker. He emphasized that Section 20 of the law requires the arresting body to make an application to the Speaker of Parliament.
The Ghana Bar Association (GBA) has expressed grave concern over the attempted arrest, emphasizing that any investigation or enforcement action involving legal professionals must adhere to constitutional guarantees, standard legal procedures, and professional independence. The GBA warned that bypassing these safeguards fosters a perception of intimidation and creates a chilling effect across the legal profession.
The GBA also recalled previous instances where lawyers faced harassment, including the overnight detention of former Bar Vice President Justice Minka Premo and his young female associate. The association questioned why targeted individuals were subjected to such treatment rather than being formally invited beforehand.
In an official statement dated September 24, 2026, the GBA urged EOCO and all state institutions to ensure their operations respect due process, fairness, and individual rights. The association underscored that the independence of the legal profession remains an indispensable cornerstone of Ghana's democratic society.
The incident has sparked a wider conversation about the role of EOCO and the need for law enforcement agencies to operate within the law. Key points from the criticism include the need for EOCO to follow due process, the importance of respecting the independence of the legal profession, and concerns about the timing and manner of the attempted arrest.
Key points
- The attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah was deemed incompetent and unlawful by Ghana's legal community.
- The Ghana Bar Association has urged EOCO to respect due process and fairness in its operations.
- The incident has raised concerns about the independence of the legal profession and the role of law enforcement agencies in Ghana.
