Baffour Awuah did not report to EOCO voluntarily; an arrest warrant forced him – Theophilius Dzimega

Parliament has condemned 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. 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 r…

Lawyer and member of the National Democratic Congress (NDC) Communication Team, Theophilius Dzimega Jr, has challenged the description of Manhyia South MP Nana Agyei Baffour Awuah’s appearance at the Economic and Organised Crime Office (EOCO) as voluntary. According to Mr Dzimega Jr, the MP reported to EOCO only after the Accra High Court had issued a warrant for his arrest, following earlier attempts by the agency to secure his attendance for questioning. Speaking on JoyNews’ Newsfile on Saturday, October 3, he said the existence of the arrest warrant meant the MP’s decision to report to EOCO could not simply be characterised as a voluntary appearance.

“The idea that he (Baffour Awuah) went there voluntarily is not voluntary. There had been an arrest warrant issued. And it is the pain of being arrested based on the back of that arrest warrant that made him to go there,” he said.