Private legal practitioner Kwame Adofo has questioned the Economic and Organised Crime Office's (EOCO) mandate to investigate alleged financial irregularities involving SIC Life Savings and Loans, a private company. His comments followed an attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah at the Accra High Court on Wednesday, 23 September 2026. EOCO has said the attempted arrest was part of steps to secure Baffour Awuah's attendance in an ongoing investigation after he failed to honour two invitations issued in February.
According to Adofo, the nature of the alleged victim is central to determining whether EOCO has jurisdiction. He argued that where the alleged victim is a private entity rather than the state, the matter may fall within the investigative mandate of the Ghana Police Service, particularly the Criminal Investigations Department (CID), rather than EOCO. Adofo questioned the relevance of EOCO's involvement in a matter involving SIC Life Savings and Loans, a private entity.
Adofo said lawyers confronted with an EOCO invitation in circumstances where they believe the agency lacks jurisdiction can challenge the invitation by asking the office to identify the legal basis for its investigation. He stated that if EOCO is unable to point to the law, then his client is not coming. This stance is based on his understanding of EOCO's mandate and the specifics of the case involving SIC Life Savings and Loans.
Baffour Awuah's position is more complex because he was acting both as a lawyer and as a Member of Parliament. According to Adofo, parliamentary privilege does not give MPs a general immunity from arrest. However, he said there is an established practice of law enforcement agencies communicating with the Speaker of Parliament when they need to arrest or question an MP in circumstances covered by Article 117 of the Constitution.
Article 117 provides protection from arrest or legal process for MPs while attending, going to or returning from parliamentary proceedings, subject to the constitutional provision. Adofo said the provision should not be interpreted as giving MPs blanket immunity. He emphasized that nobody is immune from being arrested or being interviewed or being interrogated, but law enforcement agencies must follow the proper procedures.
EOCO has said it identified two individuals who allegedly intervened during the attempted arrest and that it was assessing their conduct before deciding on any further lawful action. The agency has also maintained that Baffour Awuah's membership of Parliament does not bring the investigation to an end or place him beyond the reach of the law. This development indicates that the investigation is ongoing.
On the intervention of the two individuals, Adofo said a third party could potentially commit an offence by interfering with a lawful arrest. However, he said the legal position would be different if the arrest itself was unlawful. This highlights the complexities surrounding the attempted arrest and the potential implications for all parties involved.
Key points
- Lawyer Kwame Adofo questions EOCO's jurisdiction in investigating SIC Life Savings and Loans, a private company.
- The case involves an attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah.
- Adofo argues that EOCO's involvement may not be necessary in a matter involving a private entity.
