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 Organized Crime Office (EOCO).
The MP voluntarily reported to EOCO after reports that the High Court had issued a warrant for his arrest. Parliament says the circumstances of his detention raise questions about his rights, parliamentary privilege and the independence of the legislature.
A statement said the Speaker of Parliament, Rt Hon Alban Sumana Kingsford Bagbin, was also concerned about how investigative powers had been exercised in the case.
Parliament stressed that MPs are not above the law and that any member reasonably suspected of an offence must be subject to due process.
“Where a Member is reasonably suspected of having committed an offence, the law must take its course,” the statement said.
“At the same time, Members of Parliament do not act merely in their personal capacities. The law, therefore, recognizes certain safeguards governing interactions between Members and other organs of State. These safeguards are intended not to shield Members from accountability, but to protect the independence of Parliament and the mandate of the people they represent.”
Parliament said it had been informed that the High Court directed EOCO to enforce the warrant, but added that the Speaker had not seen the terms of that directive and would not interpret it.
It said that after Nana Agyei Baffour Awuah voluntarily presented himself to EOCO and submitted to its processes, any continued detention should have a clear legal and necessary basis.
“The Speaker has not yet seen the terms of that directive and therefore does not purport to interpret it,” the statement said.
“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 was particularly concerned about the necessity and proportionality of holding an MP who, as far as it understood, had co-operated with the investigation.
It described arrest and detention as serious coercive powers of the state, which must be used lawfully, reasonably and with respect for constitutional rights and human dignity.
Where voluntary attendance has already secured a person’s presence, continued detention should not become routine or punitive, Parliament said. If the warrant or court order required the MP to appear before the High Court, it added, reasonable efforts should have been made to bring him before the court at the earliest lawful opportunity.
Parliament calls for restraint
Parliament said this was not the first time concerns had been raised about the arrest, detention or prosecution of a sitting MP. It referred to previous cases involving MPs since the beginning of the second Parliament of the Fourth Republic.
Those cases, it said, showed the need for clearer procedures when investigative or prosecutorial authorities seek to arrest, detain or prosecute a sitting MP.
Parliament said it would review the existing constitutional and statutory framework and consider legislation where necessary, with the aim of balancing accountability, due process and the rule of law with Parliament’s independence and effective operation.
It also called on state institutions and public officials to use coercive powers with restraint, fairness and full respect for constitutional rights.
“The Rt Hon Speaker reiterates that a political opponent is not a political enemy,” the statement said. “Past excesses cannot justify present excesses.”
It added that Ghana could not strengthen its democracy by defending questionable conduct simply because similar actions had taken place under a previous administration.
Parliament urged that all matters concerning Nana Agyei Baffour Awuah be handled in accordance with the Constitution, the law and applicable court orders, while respecting his rights and avoiding unnecessary interference with Parliament’s constitutional work.
