Ghana's Parliament has expressed concern over the arrest and detention of Manhyia South Member of Parliament, Nana Afyei Baffour Awuah, by the Economic and Organized Crime Office (EOCO). In a statement, Parliament emphasized that a political opponent is not a political enemy and that past excesses cannot justify present excesses. The statement was issued by Parliament on October 3, 2026, and highlights the need for state institutions and public officials to exercise coercive powers with restraint, fairness, and full respect for constitutional rights.
According to Parliament, the Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, considers the circumstances surrounding Baffour Awuah's detention a matter of serious concern. The Speaker's concerns raise questions about the rights of the Member, the privileges and independence of Parliament, and the proper exercise of investigative powers. Parliament affirmed that Members of Parliament are not above the law, but also recognized certain safeguards governing interactions between Members and other organs of State.
The statement added that the Speaker has been informed that the High Court directed EOCO to enforce the warrant against Baffour Awuah. However, the Speaker has not yet seen the terms of that directive and therefore 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 and necessity.
Parliament expressed particular concern 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. Continued detention should not become routine or punitive if the purpose of securing a person's attendance has already been achieved through voluntary appearance.
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 consider appropriate legislation to ensure accountability, due process, and the rule of law coexist with the independence and effective functioning of Parliament. The statement urged 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.
The issue has sparked a renewed call for institutional restraint and respect for the rights of Members of Parliament. The developments will be closely watched as they have implications for Ghana's democratic processes and the balance of power between the executive, legislative, and judicial branches of government.
Key points
- Parliament emphasizes that a political opponent is not a political enemy and that past excesses cannot justify present excesses.
- The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, considers the circumstances surrounding Baffour Awuah's detention a matter of serious concern.
- 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.
