EOCO's arrest warrant approach flawed, says legal expert as Manhyia South MP faces investigation

A prominent legal practitioner has cast doubt on the Economic and Organised Crime Office's (EOCO) justification for obtaining an arrest warrant against Manhyia South Member of Parliament Nana Agyei Baffour Awuah, arguing the agency bypassed proper parliamentary procedure and risked damaging public confidence in government institutions.

Martin Kpebu's intervention in the ongoing investigation into alleged unauthorised financial transactions at SIC Life Savings & Loans Company Ltd highlights growing concerns about how law enforcement agencies should handle the arrest of sitting lawmakers. The High Court has already issued a warrant for the MP's arrest as part of EOCO's probe.

The procedural dispute

According to Kpebu, EOCO's claims that it had exhausted reasonable means of securing the MP's voluntary attendance do not withstand scrutiny. He contended that the agency's decision to communicate with Baffour Awuah through his law firm, rather than engaging directly with Parliament, fundamentally undermines its stated rationale for seeking the warrant.

The key issue, Kpebu argued, is that once the MP informed EOCO that he had forwarded the agency's letter to the Speaker of Parliament, EOCO should have immediately recognised this as the appropriate channel for further communication. Instead, the agency proceeded with its warrant application, suggesting it was either unaware of or ignored parliamentary protocols.

Kpebu told Joy FM's Top Story programme on Wednesday that EOCO should have submitted its request through the Speaker's office, which would have streamlined the process and ensured compliance with constitutional conventions governing the conduct of investigations involving Members of Parliament.

Why it matters for Ghana

This case touches on fundamental principles of parliamentary privilege and the relationship between law enforcement and the legislature. Ghana's Constitution grants Parliament certain protections, and there are established procedures for summoning MPs to assist investigations. When agencies bypass these channels, it raises broader questions about institutional respect and the rule of law.

Beyond the legal technicalities, Kpebu warned that the manner in which an arrest is executed—particularly if carried out at a public event or without advance coordination—could generate unnecessary political controversy and erode public trust in both government institutions and the judicial system. He emphasised that law enforcement must balance the need to investigate wrongdoing with the imperative to maintain institutional credibility.

The SIC Life investigation is significant given the company's prominence in Ghana's financial services sector. Any involvement by a sitting MP in alleged financial misconduct raises concerns about accountability and corporate governance.

The path forward

Kpebu advocated for a more measured approach in which EOCO formally requests Parliament's cooperation through the Speaker. This would allow the legislature to facilitate the MP's availability for questioning whilst preserving the dignity of both Parliament and the investigation itself.

He argued that such a procedure would likely be more expedient than pursuing an arrest warrant, as Parliament can compel attendance far more effectively than any external agency. Critically, it would also shield the government from accusations of politicising law enforcement or undermining democratic institutions.

The case remains ongoing, and how EOCO and Parliament navigate these procedural issues could set important precedents for future investigations involving lawmakers.