Martin Kpebu explains when EOCO can arrest Manhyia South MP after securing court warrant

Private legal practitioner Martin Kpebu has explained the circumstances under which the Economic and Organised Crime Office (EOCO) can arrest the Manhyia South MP, Nana Agyei Baffour Awuah, following the High Court’s issuance of an arrest warrant. According to Mr Kpebu, the warrant does not automatically mean EOCO officers can arrest the MP anywhere, including within the precincts of Parliament. Speaking on Joy FM’s Top Story on Wednesday, September 30, he said under Article 117 of the 1992 Constitution and Section 21 of the Parliament Act, 1965 (Act 300), an MP enjoys protection from arrest while attending, going to or returning from Parliament.

They can only arrest him without going through the Speaker if the MP is not on his way to Parliament, if he is not attending Parliament, or if he is not returning from Parliament,” he said. Mr Kpebu, however, argued that “The best thing is that they should send the letter to Parliament, Section 20, subsection 2 of the Act 300, then they do it in a tidy way.” He cautioned that arresting the MP at night, a social event, church or funeral could trigger further public debate over the handling of the case. His comments follow an Accra High Court decision granting EOCO a warrant to arrest the legislator after the agency told the court that its officers had exhausted reasonable means of securing his voluntary attendance.

The development comes a week after EOCO officers attempted to arrest the MP at the Accra High Court on September 23, leading to a chaotic confrontation. Private legal practitioner Martin Kpebu has rejected EOCO’s reasons for seeking a court warrant to arrest Manhyia South MP Nana Agyei Baffour Awuah, including its claim that it had exhausted reasonable means of securing his voluntary attendance and feared relevant documents could be concealed, altered or destroyed. According to Mr Kpebu, EOCO should have dealt directly with Parliament through the Speaker rather than communicating with the MP’s law firm.

Why would you send a letter to Baffour, his law firm? You know that it’s the MP you are looking for. Send it through Parliament,” he said on Joy FM’s Top Story on Wednesday, September 30.

He noted that the MP subsequently informed EOCO that he had forwarded its letter to the Speaker of Parliament, which, in his view, should have prompted the agency to follow the parliamentary procedure. “In the second letter, you see that EOCO acknowledges that Baffour now told them that he has forwarded their letter to the Speaker of Parliament. Mr Kpebu argued that pursuing the arrest through Parliament would avoid unnecessary controversy and allow EOCO to proceed with its investigation.

He also cautioned that arresting the MP at a social event could create further controversy and affect public confidence in the government. “Let’s do something that doesn’t erode the government’s goodwill. Let’s do something that looks professional.