Ghana's Parliament has expressed grave concern over the continuous detention of the Member of Parliament for Manhyia South, Hon. Nana Agyei Baffour Awuah, by the Economic and Organized Crime Office (EOCO). The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, considers the circumstances surrounding the Member's detention a matter of serious concern, raising questions about the rights of the Member, the privileges and independence of Parliament, and the proper exercise of investigative powers.
According to Parliament, Hon. Nana Agyei Baffour Awuah voluntarily presented himself to EOCO following reports that the High Court had issued a warrant for his arrest. The Speaker has been informed that the High Court directed EOCO to enforce the warrant against the Member. However, once the Member voluntarily presented himself to EOCO and submitted to its processes, any decision to continue holding him in custody ought to have a clear and demonstrable basis in law and necessity.
Parliament affirms that Members of Parliament are not above the law, but also recognizes certain safeguards governing interactions between Members and other organs of State. These safeguards are intended to protect the independence of Parliament and the mandate of the people they represent, not to shield Members from accountability. The law must take its course where a Member is reasonably suspected of having committed an offence.
Parliament is particularly concerned about the necessity and proportionality of the detention of a Member who voluntarily reported to EOCO and cooperated with the process. The power to arrest or detain is a serious coercive power of the State, which must always be exercised lawfully, reasonably, and with due regard to the constitutional rights and dignity of every person.
This is not the first time questions have arisen concerning the arrest, detention, or prosecution of sitting Members of Parliament. Parliament recalls previous experiences involving Members since the advent of the second Parliament of the Fourth Republic. These episodes demonstrate the need for greater clarity concerning the procedures applicable when investigative or prosecutorial authorities seek to arrest, detain, or prosecute a sitting Member of Parliament.
Parliament will examine the existing constitutional and statutory framework and, where necessary, consider appropriate legislation to ensure accountability, due process, and the rule of law coexist with the independence and effective functioning of Parliament. The Rt Hon Speaker reiterates that a political opponent is not a political enemy, and past excesses cannot justify present excesses.
Parliament calls on all state institutions and public officials to exercise coercive powers with restraint, fairness, and full respect for constitutional rights. The House urges that all matters concerning Hon. Nana Agyei Baffuor Awuah be handled strictly in accordance with the Constitution, the law, and all applicable orders of the courts, with full respect for his rights and without any unnecessary interference with the constitutional work of Parliament.
Key points
- Parliament condemns EOCO's continued detention of Manhyia South MP Hon. Nana Agyei Baffour Awuah.
- The detention raises concerns about the rights of the Member, the privileges and independence of Parliament, and the proper exercise of investigative powers.
- Parliament will examine the existing constitutional and statutory framework to ensure accountability, due process, and the rule of law coexist with the independence and effective functioning of Parliament.
