Why Keep MP After Voluntary Appearance? – Parliament To EOCO

 

 

Parliament has questioned the continued detention of the Manhyia South MP, Nana Agyei Baffour Awuah, by the Economic and Organised Crime Office (EOCO), demanding a clear legal justification for keeping him in custody after he voluntarily reported to the agency.

Parliament said the decision to continue holding the MP, who had presented himself to EOCO following reports of a High Court arrest warrant, raised concerns about the necessity and proportionality of his detention.

In a statement issued by its Director of Media Relations, David Sebastian Damoah, Parliament said Speaker Alban Sumana Kingsford Bagbin considered the circumstances surrounding the detention a matter of serious concern, particularly regarding the MP’s constitutional rights and the independence of the legislature.

The statement acknowledged that the High Court had directed EOCO to enforce the warrant but said the Speaker had not seen the terms of the directive and would not purport to interpret it.

It stressed that although MPs were not above the law and must be held accountable where they were reasonably suspected of offences, safeguards existed to protect Parliament’s independence and the mandate of elected representatives.

Parliament argued that once the MP had voluntarily presented himself and, according to its understanding, cooperated with investigators, any decision to continue holding him must have a clear legal basis and demonstrate necessity.

“Where the purpose of securing a person’s attendance has already been achieved through voluntary appearance, continued detention should not become routine or punitive,” the statement said.

It added that if the warrant or court order required the MP to be brought before the High Court, every reasonable effort should have been made to ensure that happened at the earliest lawful opportunity.

Parliament further announced plans to examine the constitutional and statutory procedures governing the arrest, detention and prosecution of sitting MPs, with the possibility of proposing legislation to clarify the applicable safeguards.

It said previous incidents involving the arrest, detention and prosecution of sitting legislators since the Second Parliament of the Fourth Republic demonstrated the need for greater clarity in dealings between investigative authorities and Parliament.

The statement also called on state institutions to exercise their coercive powers with restraint, fairness and respect for constitutional rights.

Speaker Bagbin, it said, maintained that “a political opponent is not a political enemy,” warning against defending questionable conduct simply because similar actions had occurred under a previous administration.

Parliament urged that the matter be handled in accordance with the Constitution, the law and applicable court orders, while ensuring that the MP’s rights and the effective functioning of the legislature were respected.

By Ernest Kofi Adu

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