The Speaker of Parliament, Alban Sumana Kingsford Bagbin, has considered the circumstances surrounding the detention of Nana Agyei Baffour Awuah a matter of serious concern to Parliament. The MP voluntarily presented himself to the Economic and Organised Crime Office after reports that the High Court had issued a warrant for his arrest. Parliament's statement, issued on Saturday, raised questions about the rights of the MP, the privileges and independence of Parliament, and the proper exercise of investigative powers.
Although MPs are not above the law, especially where a Member is reasonably suspected of having committed an offence, the law must take its course. However, MPs do not act merely in their personal capacities, and the law recognises certain safeguards governing interactions between Members and other organs of the State. These safeguards are intended not to shield them from accountability but to protect the independence of Parliament and the mandate of the people they represent.
The High Court directed EOCO to enforce the warrant against the Member, but the Speaker has not yet seen the terms of that directive and therefore does not purport to interpret it. 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 is concerned about the necessity and proportionality of detaining 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. Where the purpose of securing a person's attendance has already been achieved through voluntary appearance, continued detention should not become routine or punitive. If the warrant required the member to be brought before the High Court, every reasonable effort should have been made to place him before the Court at the earliest lawful opportunity.
This is not the first time questions have arisen concerning the arrest, detention or prosecution of sitting MPs. Previous experiences since the advent of the Second Parliament of the Fourth Republic have demonstrated the need for greater clarity concerning procedures applicable when investigative or prosecutorial authorities seek to arrest, detain or prosecute a sitting Member of Parliament. Parliament will therefore examine the existing constitutional and statutory framework and consider appropriate legislation to ensure accountability, due process and the rule of law coexist with the independence and effective functioning of Parliament.
All state institutions and public officials are advised to exercise coercive powers with restraint, fairness and full respect for constitutional rights. A political opponent is not a political enemy, and past excesses cannot justify same in the present time. Ghana cannot build a stronger democracy by perpetuating a cycle in which questionable conduct is defended merely because similar conduct occurred under a previous administration.
Parliament has called on all parties to handle matters concerning Nana Agyei Baffour Awuah 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. The House is particularly concerned about the detention of a Member who voluntarily reported to EOCO and cooperated with the process, and it is expected that the matter will be resolved in accordance with the law and the Constitution.
Key points
- Parliament has expressed concern over the continued detention of Nana Agyei Baffour Awuah by EOCO.
- The detention raises questions about the rights of the MP, 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.
