Lawyer and lecturer at the Ghana School of Law, Lenin Nicholas Anane Agyei, has argued that the attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah by the Economic and Organised Crime Office (EOCO) was flawed beyond saving. He made these comments on JoyNews' Newsfile on Saturday. According to him, Section 19 of the Economic and Organised Crime Office Act, 2010 (Act 804) does not criminalise a person's refusal to honour an invitation from EOCO.
Mr Anane Agyei explained that Section 19(1) gives the EOCO Executive Director the power to invite a person to assist with an investigation and also empowers the office to compel the furnishing or production of documents. However, he pointed to Section 19(5), which expressly criminalises failure to produce documents when required, but does not provide a similar criminal consequence for refusing to appear in response to an invitation.
The lecturer rejected the suggestion that the absence of a specific sanction for refusing an invitation amounted to an unintended gap in the law. He stated that Parliament intended not to criminalise refusal to appear, as an invitation is what it is. According to him, had Parliament intended EOCO to have the power to impose criminal consequences on a person who declined an invitation to appear, it would have expressly provided for such consequences in the legislation.
Mr Anane Agyei further argued that even if Mr Baffour Awuah had failed to respond to or attend an EOCO invitation, that failure alone could not have provided the legal basis for his arrest. He questioned the legality of the attempted arrest in the absence of an arrest warrant, arguing that the circumstances did not satisfy the requirements for a warrantless arrest.
The attempted arrest occurred at the Accra High Court on Wednesday, September 23, leading to a confrontation between the Manhyia South MP and EOCO personnel. Mr Anane Agyei acknowledged that warrantless arrests occur frequently in Ghana but stressed that their occurrence does not, in itself, establish their legality.
The incident has sparked widespread debate, with many stakeholders condemning the EOCO's actions. The Ghana Bar Association (GBA) and other groups have expressed concerns about the rule of law and the conduct of the EOCO. The MP, Nana Agyei Baffour Awuah, has described the attempted arrest as 'provocation'.
The EOCO's actions have raised questions about the limits of its powers and the need for clarity in the law. Key stakeholders are calling for a review of the EOCO Act to prevent similar incidents in the future. The incident has also sparked concerns about the relationship between the EOCO and the legislature.
Key points
- The attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah by EOCO was flawed beyond saving, according to a law lecturer.
- The lecturer argued that Section 19 of the EOCO Act does not criminalise a person's refusal to honour an invitation from EOCO.
- The incident has sparked widespread debate and raised questions about the limits of EOCO's powers and the need for clarity in the law.
