By Daniel Bampoe
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), questioning the necessity and legal basis for keeping the legislator in custody after he voluntarily reported himself to investigators.
In a statement issued on October 3, 2026, and signed by the Director of Media Relations, David Sebastian Damoah, Parliament said Speaker Rt. Hon. Alban Sumana Kingsford Bagbin considers the circumstances surrounding the MP’s detention a matter of serious concern, particularly regarding the rights of the MP, parliamentary privileges and the independence of Parliament.
The statement followed the MP’s voluntary appearance at EOCO on October 1 after reports that the High Court had issued a warrant for his arrest. According to Parliament, Baffour Awuah presented himself to the investigative agency and, as Parliament understands it, cooperated with the investigative process.
Parliament stressed that its intervention should not be interpreted as placing Members of Parliament above the law.
‘MPs are not above the law’
The Parliamentary Service said unequivocally that Members of Parliament are subject to the law and that where a legislator is reasonably suspected of committing an offence, the appropriate legal process must be followed.
It nevertheless argued that MPs do not perform their duties merely in their personal capacities and that the law recognises safeguards governing interactions between Members of Parliament and other organs of the State.
According to Parliament, those safeguards are not intended to shield legislators from accountability but rather to protect the independence of Parliament and the mandate given to MPs by the electorate.
The statement said the Speaker had been informed that the High Court directed EOCO to enforce the arrest warrant against Baffour Awuah. However, because the Speaker had not seen the terms of the directive, he did not intend to interpret the court’s order.
Parliament maintained, however, that once the MP voluntarily presented himself to EOCO and submitted to its processes, any decision to continue holding him in custody should have a “clear and demonstrable basis in law and necessity.”
Concern Over Overnight Detention
The continued detention of the Manhyia South MP, particularly overnight, has become the central concern raised by Parliament.
The Parliamentary Service questioned the necessity and proportionality of detaining a legislator who, it said, had voluntarily reported to EOCO and cooperated with investigators.
It emphasised that arrest and detention constitute serious coercive powers of the State and must be exercised lawfully, reasonably and with respect for the constitutional rights and dignity of the individual.
Parliament argued that where the objective of securing an individual’s attendance has already been achieved through voluntary appearance, continued detention should not become routine or punitive.
It further stated that if the warrant or any 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.
Parliament To Review Procedures Involving MPs
The controversy has also prompted Parliament to revisit the broader question of how investigative and prosecutorial authorities deal with sitting legislators.
According to the statement, this is not the first occasion on which questions have arisen over the arrest, detention or prosecution of sitting Members of Parliament since the advent of the Second Parliament of the Fourth Republic.
Parliament said previous experiences demonstrate the need for greater clarity regarding the procedures applicable when state investigative or prosecutorial bodies seek to arrest, detain or prosecute sitting MPs.
The institution therefore intends to examine the existing constitutional and statutory framework and, where necessary, consider appropriate legislation.
The stated objective is to ensure that accountability, due process and the rule of law coexist with the independence and effective functioning of Parliament.
Speaker calls for institutional restraint
The Speaker has also appealed for restraint from state institutions and public officials when exercising coercive powers. Parliament called on all state institutions to exercise such powers with fairness and full respect for constitutional rights.
The Speaker further stated that “a political opponent is not a political enemy,” while warning against a cycle in which conduct considered questionable under one administration is defended on the grounds that similar conduct occurred under a previous administration.
According to the statement, Parliament believes Ghana’s democratic institutions cannot be strengthened by perpetuating such a cycle.
The Parliamentary Service has consequently called for all matters concerning Baffour Awuah to be handled strictly in accordance with the Constitution, applicable laws and court orders.
It also urged that the MP’s rights be fully respected and that there be no unnecessary interference with the constitutional work of Parliament.
