Parliament has expressed concern over the continued detention of the Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, by the Economic and Organised Crime Office (EOCO).
In a statement issued by the Parliamentary Service, Parliament said the MP voluntarily presented himself to EOCO after reports that the High Court had issued a warrant for his arrest.
The Speaker of Parliament, Alban Sumana Kingsford Bagbin, said the circumstances surrounding the MP’s detention raise questions about his rights, parliamentary privileges and the independence of Parliament, as well as the proper exercise of investigative powers.
Parliament stressed that MPs are not above the law, and that where a legislator is reasonably suspected of committing an offence, the law must take its course.
However, it argued that certain safeguards govern interactions between sitting MPs and other organs of the state, saying such safeguards are intended to protect Parliament’s independence and the mandate of constituents rather than shield legislators from accountability.
According to Parliament, the Speaker has been informed that the High Court directed EOCO to enforce the warrant but has not yet seen the terms of the directive and therefore would not interpret it.
Parliament questioned the continued detention of the MP after he voluntarily reported to EOCO and, according to the statement, cooperated with the process.
It said any continued detention should have a clear legal basis and be necessary and proportionate.
The Parliamentary Service further stated that if the warrant or court order required the MP to be brought before the High Court, reasonable efforts should have been made to have him appear before the court at the earliest lawful opportunity.
Parliament said it will examine the existing constitutional and statutory framework governing the arrest, detention and prosecution of sitting MPs and consider whether legislative changes are necessary.
The statement also called on state institutions and public officials to exercise coercive powers with restraint, fairness and respect for constitutional rights.
Speaker Bagbin, according to the statement, stressed that “a political opponent is not a political enemy”, adding that past excesses should not be used to justify similar conduct under a different administration.
Parliament urged that all matters concerning Nana Agyei Baffour Awuah be handled strictly in accordance with the Constitution, the law and applicable court orders, while respecting his rights and avoiding unnecessary interference with Parliament’s constitutional work.
By: Bernard Mensah
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