Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has cautioned that parliamentary immunity for Members of Parliament (MPs) should not be used as a shield to evade criminal investigations. He made these remarks on the Super Morning Show on Joy FM while discussing the controversy surrounding the Economic and Organised Crime Office’s (EOCO) attempted arrest of the Member of Parliament for Manhyia South, Nana Agyei Baffour-Awuah.
The dispute began on September 23, when EOCO officers attempted to arrest Mr Baffour Awuah at the Accra High Court, resulting in a confrontation. EOCO claimed the operation was connected to an ongoing investigation and followed two invitations issued to the legislator in February 2026, which it alleged he had failed to honour. The Office said officers discontinued the attempted arrest after assessing that further action could endanger public safety.
Dr Srem-Sai maintained that law enforcement agencies must be able to exercise their powers. He said the MP had been wanted for eight months and alleged that he had shown no intention of voluntarily submitting himself to EOCO. The constitutional provision at the centre of the debate is Article 117, which protects the Speaker, MPs, and the Clerk to Parliament against the service or execution of civil or criminal processes while travelling to, attending, or returning from parliamentary proceedings.
Some legal practitioners have argued that the provision does not expressly impose a blanket requirement for parliamentary leadership to receive notice before every arrest of an MP. The scope of its protection is tied to participation in parliamentary proceedings. Dr Srem-Sai, however, warned that if not carefully managed, Article 117 could become a tool to provide some form of immunity to MPs.
On September 30, the High Court issued a warrant for Mr Baffour Awuah's arrest and authorised EOCO to search for and seize documents relevant to the investigation. EOCO told the court that reasonable efforts to secure the MP’s voluntary attendance had been exhausted. It also expressed concern that documents could be concealed, altered, or destroyed. The Ghana News Agency reported that the court directed EOCO to execute the arrest through the Speaker of Parliament.
The inquiry concerns alleged unauthorised financial transactions at SIC Life Savings and Loans, including suspected financial loss, dissipation of public funds, and money laundering. These allegations have not been determined by a court. Meanwhile, sources close to the MP said he intended to report to EOCO on Thursday, October 1. That report did not confirm that he had appeared before investigators.
The Minority and some legal practitioners have argued that EOCO failed to follow parliamentary procedures during the attempted arrest, with critics describing the operation as politically motivated. Dr Srem-Sai's comments have added to the debate, highlighting the need for a careful balance between parliamentary immunity and the rule of law.
Key points
- Deputy AG Dr Justice Srem-Sai warns parliamentary immunity could be used as a shield for impunity if not carefully managed.
- EOCO attempted to arrest MP Nana Agyei Baffour-Awuah over alleged unauthorised financial transactions at SIC Life Savings and Loans.
- The controversy centres on Article 117, which protects MPs from civil or criminal processes while attending parliamentary proceedings.
