Ghana's Majority Chief Whip, Rockson Nelson Dafeamekpor, has cautioned the Economic and Organised Crime Office (EOCO) against attempting to arrest sitting Members of Parliament without following the established constitutional procedure. This warning comes after EOCO personnel attempted to arrest Manhyia South MP, Nana Agyei Baffour Awuah, at the Accra High Court on September 23, 2026. Dafeamekpor, also a lawyer, emphasized that any attempt to arrest a sitting MP must consider the constitutional protections afforded to legislators.
Dafeamekpor referred to Article 117 of the 1992 Constitution, which provides that civil or criminal process originating from a court or place outside Parliament shall not be served on or executed against the Speaker, a Member of Parliament, or the Clerk to Parliament while attending or returning from parliamentary proceedings. He stated that the established parliamentary practice requires law enforcement agencies to channel the process through the Speaker of Parliament. Therefore, the reported attempt to arrest Nana Agyei Baffour Awuah at the court premises was unacceptable if the applicable parliamentary procedure had not been followed.
The South Dayi legislator further cautioned EOCO and other state security institutions against conduct that could undermine the authority, dignity, and institutional standing of Parliament. He maintained that parliamentary leaders would oppose any attempt to undermine the established relationship between Parliament and state institutions responsible for law enforcement. Dafeamekpor also invoked the principle that where legislation establishes a procedure for exercising a legal right or power, that procedure ought to be followed, citing the case of Boyefio v NTHC.
EOCO has confirmed that its officers attempted to arrest Nana Agyei Baffour Awuah in connection with an ongoing investigation. The agency stated that the action was part of lawful measures intended to secure his attendance after he allegedly failed to honour two invitations issued to him in February 2026. However, the attempted arrest was not completed due to escalating situations and concerns for public safety. EOCO has maintained that the investigation remains active.
Nana Agyei Baffour Awuah has disputed the circumstances surrounding the attempted arrest, stating that he drove away from the court because he feared for his safety. He questioned the authority of the woman who approached him and said she was unable to produce an arrest warrant when requested. The confrontation occurred after Nana Agyei Baffour Awuah had appeared before the Accra High Court as legal counsel for detained nurse Salomey Baffoe Awiti.
Dafeamekpor stressed that his objection was not intended to prevent lawful investigations or place Members of Parliament beyond the reach of the law. Rather, he maintained that where allegations exist against a legislator, the appropriate legal processes should be followed. He also raised concerns about the timing of the incident, noting that Parliament was hosting a major conference of the ECOWAS Parliament in Accra, and such incidents could have implications for Ghana's institutional image.
The controversy has placed renewed attention on the scope and application of parliamentary privilege under Ghana's Constitution, particularly Article 117. The disagreement between Parliament and EOCO is likely to turn partly on the circumstances in which the attempted arrest occurred, the nature of the investigation, and the applicability of Article 117 to the particular circumstances surrounding Nana Agyei Baffour Awuah. Parliament's leadership has signalled that it expects law enforcement institutions to observe the constitutional procedures governing their interaction with sitting legislators.
Key points
- Dafeamekpor warns EOCO against bypassing parliament in arresting MPs, citing constitutional protections.
- EOCO attempted to arrest Nana Agyei Baffour Awuah at the Accra High Court on September 23, 2026.
- The incident has placed renewed attention on the scope and application of parliamentary privilege under Ghana's Constitution.
