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 Organised Crime Office (EOCO), demanding that due process be strictly followed in handling the case.
The MP voluntarily presented himself to EOCO on Thursday, October 1, after reports that the High Court had issued a warrant for his arrest.
Parliament, in a press statement issued on Saturday, October 3, said it had learnt with grave concern that he remained in custody despite voluntarily reporting to the investigative agency and, as Parliament understands it, cooperating with the process.
The Speaker of Parliament, Alban Sumana Kingsford Bagbin, said the circumstances surrounding the MP’s detention raise serious questions about his constitutional rights, the privileges and independence of Parliament, and the proper exercise of investigative powers.
He stressed that MPs are not above the law and that where a Member is reasonably suspected of committing an offence, the law must take its course.
However, Parliament said MPs do not act merely in their personal capacities and that the law recognises safeguards governing interactions between Members and other organs of State.
These safeguards, it said, are intended not to shield MPs from accountability but to protect the independence of Parliament and the mandate of the people they represent.
Parliament said the Speaker had been informed that the High Court directed EOCO to enforce the warrant against Baffour Awuah, but noted that the Speaker had not yet seen the terms of the directive and therefore did not purport to interpret it.
It questioned the continued detention of the MP after he had voluntarily presented himself to EOCO, arguing that any decision to keep him in custody ought to have a clear and demonstrable basis in law and necessity.
Meanwhile, EOCO is preparing to arraign Baffour Awuah before a weekend court today, October 3, in connection with the ongoing investigation.
The planned arraignment follows his voluntary surrender to the agency on Thursday to assist with the investigation.
Parliament expressed particular concern about the necessity and proportionality of detaining a Member who had voluntarily reported to EOCO.
It said the power to arrest or detain is a serious coercive power of the State and must always be exercised lawfully, reasonably and with due regard to the constitutional rights and dignity of every person.
“Where the purpose of securing a person’s attendance has already been achieved through voluntary appearance, continued detention should not become routine or punitive,” Parliament 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 place him before the court at the earliest lawful opportunity.
Parliament said the incident was not the first time questions had arisen concerning the arrest, detention or prosecution of sitting MPs, recalling previous experiences involving Members since the advent of the Second Parliament of the Fourth Republic.
According to Parliament, those experiences demonstrate the need for greater clarity concerning procedures applicable when investigative or prosecutorial authorities seek to arrest, detain or prosecute a sitting MP.
It said it would therefore examine the existing constitutional and statutory framework and, where necessary, consider appropriate legislation to ensure that accountability, due process and the rule of law coexist with the independence and effective functioning of Parliament.
The legislature also called on all state institutions and public officials to exercise coercive powers with restraint, fairness and full respect for constitutional rights.
The Speaker reiterated that “a political opponent is not a political enemy,” adding that past excesses could not justify present excesses.
Parliament urged that all matters concerning 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 unnecessary interference with the constitutional work of Parliament.
Source: Myjoyonline.com
