Former Majority Leader Osei Kyei-Mensah-Bonsu has called for due process in dealing with Members of Parliament. He stressed that parliamentary privileges should not be interpreted as placing legislators above the law. His comments follow a tense incident at the Accra High Court on Wednesday, September 23, involving Member of Parliament Nana Agyei Baffour Awuah. The incident has sparked concerns over the conduct of law-enforcement officials and respect for parliamentary privileges.
The incident involved lawyers for detained Techiman-based nurse Salomey Baffoe Awiti reportedly clashing with security personnel believed to be from the Economic and Organised Crime Office (EOCO). Mr Kyei-Mensah-Bonsu described the incident as “the most unfortunate,” stressing that the location of the confrontation made the situation particularly concerning. He emphasized that MPs are entitled to constitutional privileges in the discharge of their duties, but those protections do not exempt them from accountability.
Mr Kyei-Mensah-Bonsu explained that the original invitation from EOCO was directed to the law firm with which the MP was associated and not specifically to him in his capacity as a Member of Parliament. The firm consulted the Clerk’s Department of Parliament and subsequently designated a senior officer to respond to EOCO. The representative engaged the investigative body on three separate occasions, with the engagements eventually culminating in the submission of a statement.
Mr Kyei-Mensah-Bonsu questioned why EOCO would subsequently seek to arrest the MP without first requesting further clarification from the firm or its representative. He described the development as unnecessary and cautioned that actions perceived as disregarding parliamentary privileges could create tension between state institutions. He stressed that parliamentary privilege should not be confused with immunity from legitimate investigations or legal accountability.
The former Majority Leader pointed to constitutional provisions governing Parliament and the privileges of its members, arguing that law-enforcement agencies must take those provisions into account when dealing with legislators. He urged state institutions to respect one another’s constitutional mandates, saying disagreements involving legislators should be resolved through lawful channels rather than actions that could undermine the authority of Parliament.
Mr Kyei-Mensah-Bonsu maintained that protecting parliamentary privileges is not about shielding MPs from accountability, but about ensuring that the constitutional role of Parliament is respected while the law takes its course. He urged law-enforcement agencies to use legal means to achieve legal ends, saying that is the appropriate approach when dealing with MPs. This approach will help prevent unnecessary tensions between state institutions.
The incident has sparked a national conversation about the balance between parliamentary privileges and accountability. Key stakeholders, including lawmakers and law-enforcement agencies, are expected to engage in further discussions to clarify the protocols for dealing with MPs.
Key points
- Former Majority Leader Osei Kyei-Mensah-Bonsu has urged law-enforcement agencies to respect parliamentary privileges.
- The incident involved a confrontation between lawyers and security personnel from the Economic and Organised Crime Office (EOCO).
- Mr Kyei-Mensah-Bonsu emphasized the need for law-enforcement agencies to use legal means to achieve legal ends when dealing with MPs.
