Majority Chief Whip Rockson-Nelson Dafeamekpor has called on the Economic and Organised Crime Office (EOCO) to observe constitutional procedures when dealing with sitting Members of Parliament.
His comments follow Wednesday’s reported attempt by EOCO officials to arrest the Manhyia South MP, Nana Agyei Baffour Awuah, at the High Court complex.
In a post on X, the South Dayi MP drew attention to Article 117 of the 1992 Constitution, which sets out protections concerning the service or execution of civil and criminal processes involving the Speaker, Members of Parliament and the Clerk to Parliament.
Mr Dafeamekpor said the constitutional provision must be taken into account when law enforcement agencies seek to take action against a sitting legislator.
He questioned the circumstances surrounding the attempted arrest of Baffour Awuah and maintained that the procedure provided for under the Constitution should guide any such action.
According to him, state institutions have a responsibility to carry out their mandates while respecting Parliament’s constitutional position and institutional privileges.
Mr Dafeamekpor further cited the Supreme Court case Boyefio v NTHC, arguing that where the law establishes a particular process for exercising a right, that prescribed process should be followed.
He said Parliament would not accept what he considers a breach of the established protocol governing relations between the Legislature and state institutions.
The Majority Chief Whip also raised concerns about the timing of the incident, noting that Ghana is currently hosting the ECOWAS Parliament in Accra.
He said any conduct perceived as disregarding established constitutional procedures could have implications for Ghana’s institutional reputation.
Mr Dafeamekpor, however, stressed that the existence of parliamentary privileges should not prevent lawful investigations.
He said if EOCO has grounds to require the Manhyia South MP’s presence in connection with an alleged offence, the matter should proceed, but through the procedure he says is provided by Article 117 of the Constitution.
EOCO has meanwhile defended its actions, saying its officers were carrying out their statutory mandate in connection with an ongoing investigation. The agency has also stated that it recognises the constitutional privileges of Members of Parliament and will operate within the law.
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