Ghana’s Parliament has expressed grave 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), raising questions about due process, parliamentary independence and the necessity of continued custody.
In a statement issued on Saturday, October 3, 2026, Parliament said the MP voluntarily presented himself to EOCO after reports that the High Court had issued a warrant for his arrest.
The institution said the circumstances surrounding his continued detention had raised concerns for the Speaker, Rt. Hon. Alban Sumana Kingsford Bagbin, particularly regarding the rights of the MP, the privileges and independence of Parliament and the proper exercise of investigative powers.
Parliament, however, emphasized that membership of the House does not place MPs above the law.
It said where a Member is reasonably suspected of having committed an offence, the law must take its course, but noted that MPs do not act merely in their personal capacities and that the law recognises safeguards governing interactions between Members and other organs of State.
According to Parliament, such safeguards are not intended to shield Members from accountability but to protect the independence of Parliament and the mandate of the people they represent.
Focus on continued detention
A major concern raised by Parliament is whether continued detention remains necessary after the MP voluntarily reported to EOCO and, according to the statement, cooperated with the process.
Parliament said the Speaker had been informed that the High Court directed EOCO to enforce the warrant against the MP, but that Mr Bagbin had not yet seen the terms of that directive and therefore did not intend to interpret it.
It nevertheless maintained that once the MP voluntarily presented himself and submitted to EOCO’s processes, any decision to continue holding him should have a clear and demonstrable basis in law and necessity.
Parliament described the power to arrest or detain as a serious coercive power of the State which must be exercised lawfully, reasonably and with due regard to the constitutional rights and dignity of every person.
It further argued that where the purpose of securing a person’s attendance had already been achieved through voluntary appearance, continued detention should not become routine or punitive.
The institution said if the warrant or court order required the MP to be brought before the High Court, every reasonable effort should have been made to place him before the court at the earliest lawful opportunity.
Parliament to review procedures
Beyond the immediate case, Parliament said it would examine the constitutional and statutory framework governing the arrest, detention and prosecution of sitting Members of Parliament.
It recalled previous instances involving MPs since the advent of the Second Parliament of the Fourth Republic, saying those experiences demonstrated the need for greater clarity concerning procedures applicable when investigative or prosecutorial authorities seek to arrest, detain or prosecute a sitting Member.
Parliament said it would therefore examine the existing framework and, where necessary, consider appropriate legislation to ensure that accountability, due process and the rule of law coexist with parliamentary independence and the effective functioning of the legislature.
Call for institutional restraint
Parliament also called on state institutions and public officials to exercise coercive powers with restraint, fairness and full respect for constitutional rights.
The Speaker, according to the statement, reiterated that a political opponent is not a political enemy and cautioned against perpetuating a cycle in which questionable conduct is defended simply because similar conduct occurred under a previous administration.
Parliament therefore urged that all matters concerning Nana Agyei Baffour Awuah be handled strictly in accordance with the Constitution, the law and all applicable orders of the courts, with full respect for his rights and without unnecessary interference with the constitutional work of Parliament.
By: Christian Kpesese
