Malik Adama, an aspiring National Vice Chairman of the National Democratic Congress (NDC), has argued that parliamentary immunity does not provide Members of Parliament with blanket protection from criminal investigation or arrest. He made these comments on Ahotor FM's Morning Show in Accra-Tema on Thursday, September 24, 2026. According to Mr. Adama, Article 117 of the 1992 Constitution must be properly understood, particularly in relation to the circumstances under which parliamentary privileges and immunities apply.
The comments follow the attempted arrest of the Manhyia South Member of Parliament, Nana Agyei Baffour Awuah, by officials of the Economic and Organised Crime Office (EOCO) at the Accra High Court on Wednesday, September 23. EOCO has said the attempted arrest formed part of an ongoing investigation and followed two invitations issued to the MP in February 2026, which the agency said were not honoured. The Office has maintained that membership of Parliament does not, by itself, bring an investigation to an end or place an individual beyond the reach of the law.
Mr. Adama explained that the matter dates back to an issue involving a company and the Chamber, with financial obligations reportedly at the centre of the dispute. The amount involved, including interest, was approximately GH¢40 million, adding that attempts had been made to engage the relevant parties and secure their cooperation. According to him, the Chamber was contacted and its senior leadership was requested to become involved in resolving the matter.
He said the situation eventually involved the Member of Parliament, who was also acting as a lawyer, leading to the subsequent confrontation with EOCO officials. Mr. Adama questioned whether the authorities had exhausted the appropriate engagement procedures before resorting to an attempted arrest. He stressed that when state institutions invite citizens to assist with investigations, the process should be handled professionally and in accordance with the law.
Article 117 of the 1992 Constitution provides that civil or criminal process coming 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 that person is on the way to, attending or returning from proceedings of Parliament. Mr. Adama argued that the provision does not amount to permanent or blanket immunity. “The immunity is not blanket immunity,” Mr. Adama said, explaining that the constitutional protection is specifically connected to parliamentary proceedings and the movement of parliamentarians to and from those proceedings.
Mr. Adama further argued that when a sitting MP is engaged in active parliamentary duties, law-enforcement agencies should observe the appropriate institutional procedures. He said agencies seeking to engage MPs in such circumstances would normally coordinate through the Speaker of Parliament. He maintained, however, that such procedures should not be interpreted as giving MPs permanent immunity from criminal investigations. His position comes amid competing public interpretations of Article 117 following the incident.
Mr. Adama also raised concerns about the manner in which the attempted arrest unfolded, urging the public to carefully examine the available video footage instead of relying solely on claims made by either side. According to him, he had watched the footage several times and did not see evidence supporting the claim that the female officer was slapped by the MP. EOCO has said the investigation remains active and that it would review available video evidence and the circumstances surrounding the incident.
Key points
- Malik Adama says parliamentary immunity is not blanket protection from criminal investigation or arrest.
- The attempted arrest of MP Nana Agyei Baffour Awuah was part of an ongoing investigation into a GH¢40 million issue.
- Article 117 of the 1992 Constitution provides specific protection for MPs, but does not grant permanent immunity.
