Parliament has questioned the rationale behind the Economic and Organised Crime Office’s (EOCO) decision to detain the Member of Parliament (MP) for Manhyia South, Nana Agyei Baffour Awuah, after he voluntarily presented himself to the office.
The Legislature said it was particularly concerned about the necessity and proportionality of the overnight detention of a member who had cooperated with the EOCO process.
It said where the purpose of securing a person’s attendance had already been achieved through voluntary appearance, continued detention should not become routine or punitive.
“If the warrant or court order required the member 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,” he said.
In a statement issued on Saturday, October 3, 2026, and signed by the Director of Media Relations, David Damoah, Parliament said the Speaker considered the circumstances surrounding the MP’s detention a matter of serious concern.
It said the circumstances raised questions about the rights of the member, the privileges and independence of Parliament, as well as the proper exercise of investigative powers.
“The power to arrest or detain is a serious coercive power of the state. It must always be exercised lawfully, reasonably and with due regard to the constitutional rights and dignity of every person,” it said.
Parliament's position
The statement said Parliament affirmed unequivocally that MPs were not above the law.
It, however, said that where a member was reasonably suspected of having committed an offence, the law must take its course.
At the same time, the statement said MPs did not act merely in their personal capacities.
It said the law recognised certain safeguards governing interactions between members and other organs of state.
Those safeguards, it said, were intended not to shield members from accountability but to protect the independence of Parliament and the mandate of the people they represent.
The statement further acknowledged that it was not the first time questions had arisen concerning the arrest, detention or prosecution of sitting members of Parliament.
It said Parliament recalled previous experiences involving members, since the advent of the Second Parliament of the Fourth Republic.
Those episodes, it said, demonstrated the need for greater clarity concerning the procedures applicable when investigative or prosecutorial authorities sought to arrest, detain or prosecute a sitting member of Parliament.
“Parliament will therefore examine the existing constitutional and statutory framework and, where necessary, consider appropriate legislation to ensure accountability, due process and the rule of law co-exist with the independence and effective functioning of Parliament,” it said.
A call for institutional restraint
Parliament, the statement said, called on all state institutions and public officials to exercise 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 and past excesses cannot justify present excesses.
“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,” it said.
The statement said 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 any unnecessary interference with the constitutional work of Parliament.
