Ghana's Parliament has expressed grave concern over the continuous detention of Nana Agyei Baffour Awuah, the Member of Parliament for Manhyia South, by the Economic and Organized Crime Office (EOCO). According to a statement released by Parliament, Baffour Awuah voluntarily presented himself to EOCO following reports that the High Court had issued a warrant for his arrest. The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, considers the circumstances surrounding Baffour Awuah's detention a serious concern, raising questions about the rights of the Member, parliamentary privileges, and the proper exercise of investigative powers.
Parliament has affirmed that Members of Parliament are not above the law, but also recognizes certain safeguards governing interactions between Members and other state organs. These safeguards aim to protect the independence of Parliament and the mandate of the people they represent, not to shield Members from accountability. The Speaker has been informed that the High Court directed EOCO to enforce the warrant against Baffour Awuah, but has not yet seen the terms of that directive. Therefore, he does not purport to interpret it.
Once Baffour Awuah 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. Parliament is particularly concerned about the necessity and proportionality of detaining a Member who cooperated with the process. The power to arrest or detain is a serious coercive power of the State, which must be exercised lawfully, reasonably, and with due regard to constitutional rights and dignity.
Parliament notes that this is not the first time questions have arisen concerning the arrest, detention, or prosecution of sitting Members of Parliament. Previous experiences involving Members since the advent of the second Parliament of the Fourth Republic demonstrate the need for greater clarity concerning applicable procedures. Parliament will examine the existing constitutional and statutory framework and consider legislation to ensure accountability, due process, and the rule of law coexist with parliamentary independence.
Parliament has called on all state institutions and public officials to exercise coercive powers with restraint, fairness, and full respect for constitutional rights. The Rt Hon Speaker reiterates that a political opponent is not a political enemy, and past excesses cannot justify present excesses. Ghana cannot build a stronger democracy by perpetuating a cycle of questionable conduct.
Parliament urges that all matters concerning Hon. Nana Agyei Baffuor Awuah be handled strictly in accordance with the Constitution, the law, and all applicable court orders, with full respect for his rights and without unnecessary interference with Parliament's constitutional work. The issue has sparked concerns about the balance between accountability and parliamentary privileges.
The continuous detention of Baffour Awuah has raised important questions about the relationship between Parliament and other state institutions. Key issues include the need for clarity on procedures for arresting or detaining sitting MPs and ensuring that coercive powers are exercised lawfully and with respect for constitutional rights.
Key points
- Parliament will examine the existing constitutional and statutory framework to ensure accountability and parliamentary independence.
- The Speaker of Parliament emphasizes the need for restraint and respect for constitutional rights in exercising coercive powers.
- The detention of Baffour Awuah raises questions about the balance between accountability and parliamentary privileges.
