Parliament questions legality, necessity of Manhyia South MP’s continued detention by EOCO
Parliament has raised concerns over the legality and necessity of the continued detention of Manhyia South Member of Parliament, Nana Agyei Baffour Awuah, by the Economic and Organised Crime Office (EOCO), saying any decision to keep him in custody after he voluntarily presented himself to investigators must have a clear basis in law.
In a statement issued on Saturday, October 3, and signed by the Director of Media Relations, David Sebastian Damoah, Parliament said the Speaker, Alban Sumana Kingsford Bagbin, considered the circumstances surrounding the MP’s detention a matter of serious concern.
According to Parliament, the situation raises questions about the rights of the MP, the privileges and independence of Parliament, and the proper exercise of investigative powers by state institutions.
Nana Agyei Baffour Awuah voluntarily surrendered to EOCO on Thursday, October 1, after an Accra High Court issued a warrant for his arrest in connection with an ongoing investigation. EOCO subsequently confirmed that he was cooperating with investigators and said it was working with the Attorney-General’s Office to bring him before a weekend court.
Parliament, however, stressed that Members of Parliament are not above the law and that where a legislator is reasonably suspected of committing an offence, the law must take its course.
It said, at the same time, that MPs do not act merely in their personal capacities, and the law recognises safeguards governing interactions between Members of Parliament and other organs of state. Parliament said those safeguards are not intended to shield MPs from accountability but to protect the independence of Parliament and the mandate of the people.
The statement said the Speaker had been informed that the High Court directed EOCO to enforce the arrest warrant but had not seen the terms of the directive and therefore did not purport to interpret it.
“However, once the Member voluntarily presented himself to EOCO and submitted to its processes, any decision to continue holding him in custody, ought to have a clear and demonstrable basis in law and necessity,” Parliament said.
It further expressed concern about the necessity and proportionality of keeping the MP in custody, particularly as he had voluntarily reported to the investigative agency and, as Parliament understood it, cooperated with investigators.
Parliament said arrest and detention constitute serious coercive powers and must therefore be exercised lawfully and reasonably, with due regard to constitutional rights and human dignity.
“Where the purpose of securing a person’s attendance has already been achieved through voluntary appearance, continued detention should not become routine or punitive,” it stated.
The Legislature also said that if the warrant or court order required Baffour Awuah 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.
EOCO has said the investigation concerns allegations including criminal conspiracy, financial loss to SIC Savings and Loans, money laundering and tax-related offences, among other matters. The agency has urged the public to avoid speculation or premature conclusions about the MP’s culpability while the investigative and judicial processes are ongoing.
EOCO also said it was mindful of the applicable constitutional timeframes and procedural requirements governing bail and was working with the Attorney-General’s Office to bring Baffour Awuah before a weekend court.
Parliament said it would examine the constitutional and statutory framework governing such matters and, where necessary, consider legislation to ensure that accountability, due process and the rule of law coexist with parliamentary independence and the effective functioning of the Legislature.
It also called for institutional restraint in the handling of the matter, stressing that “a political opponent is not a political enemy” and that past excesses should not be used to justify similar conduct in the present.
“Ghana cannot build a stronger democracy by perpetuating a cycle in which questionable conduct is defended merely because similar conduct occurred under a previous administration. This cycle must end,” Parliament said.
It urged all institutions involved in the matter to act strictly in accordance with the Constitution, the law and court orders, while respecting the rights of the MP and avoiding unnecessary interference with the constitutional work of Parliament.
