The granting of an arrest warrant against Manhyia South lawmaker Nana Agyei Baffour Awuah has sparked a legal debate regarding constitutional privileges and investigative authority.
Prominent private legal practitioner Martin Kpebu has publicly challenged the necessity of the judicial order obtained by the Economic and Organised Crime Office (EOCO), arguing that established statutory protocols were bypassed.
Appearing on JoyNews, Kpebu questioned the rationale behind pursuing a formal court warrant when Ghana’s legal framework already provides a clear mechanism to secure a sitting Member of Parliament’s cooperation without resorting to direct arrest.
At the heart of Kpebu’s argument is the statutory protocol laid out in Section 20 of the Parliament Act, 1965 (Act 300). Under this law, law enforcement agencies seeking to question a sitting legislator are required to initiate contact through the Speaker of Parliament. The Speaker then acts as an official conduit to facilitate the lawmaker’s appearance before investigating bodies.
Kpebu emphasized that this statutory avenue ensures seamless cooperation between investigative authorities and the legislature while upholding the constitutional protections guaranteed to elected representatives. He raised two key legal and logistical concerns regarding EOCO’s approach:
- Risk of Prolonged Detention: Requiring an MP to report directly to a standard police station exposes them to potential detention, which conflicts with parliamentary protections.
- In-House Interview Options: Arranging for investigators to interview a lawmaker within the precincts of Parliament would allow investigations to progress without compromising parliamentary privileges.
“A balance must be maintained between the statutory powers of investigative bodies and the constitutional immunities afforded to elected lawmakers”, Martin Kpebu said.
EOCO’s Justification for the Warrant
The Accra High Court approved EOCO’s ex-parte application for the arrest warrant after the anti-graft agency presented evidence that routine efforts to secure Awuah’s voluntary cooperation had failed.
Baffour Awuah Challenges EOCO’s Statement: ‘Everything They Said Is A Big Lie’
EOCO informed the court that the warrant was necessary due to concerns that crucial evidentiary documents tied to the active investigation might be concealed, tampered with, or destroyed if immediate action was not taken.
This judicial maneuver follows a previous attempt by EOCO operatives to apprehend the lawmaker on September 23 at the Accra High Court premises, which proved unsuccessful.
While EOCO maintains that its actions respect the constitutional rights of MPs, the enforcement of the warrant sets up a potential standoff over how law enforcement interacts with the legislative branch.