Ghana Legal Firestorm: EOCO's Failed Attempt to Arrest Baffour Awuah Ignites Parliamentary Immunity Debate

A contentious incident unfolded at the Accra High Court on Wednesday, September 23, when the Economic and Organised Crime Office (EOCO) attempted to arrest the Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah. This action, taken while the MP was at the court premises as a lawyer for a client, has drawn significant criticism from legal professionals regarding its legality and procedural propriety.

Former Tamale Central MP and private legal practitioner Inusah Fuseini was among the first to vehemently criticise EOCO's actions. Speaking on JoyNews’ Newsfile on Saturday, September 26, Mr. Fuseini expressed his fundamental difficulty with the attempted arrest, stating that the court complex environment was "so volatile for arrest to happen there." He questioned whether EOCO had established a lawful basis for attempting to arrest Mr. Baffour Awuah without a warrant. EOCO, in its defense, stated that the attempted arrest was part of lawful steps to secure the MP’s attendance in an ongoing investigation, citing his failure to honour two invitations issued in February 2026.

However, Mr. Fuseini challenged this justification, arguing that EOCO had not indicated that the MP had committed an offence in its presence, nor that there was reasonable suspicion of him having committed a crime in the past. He clarified that EOCO was merely inviting him to assist with an investigation, not alleging he had committed a crime. Based on his understanding of the law, he asserted there was no basis for a warrantless arrest because "no crime had been committed in their presence." Mr. Fuseini further described EOCO’s approach as problematic, particularly its choice of the court environment for the operation, and wondered why a civil initial interaction between an EOCO official and the MP escalated, suggesting the situation was "potentially explosive." He also raised misgivings about the application of parliamentary immunity in this context.

Adding a detailed legal perspective, lawyer and lecturer at the Ghana School of Law, Lenin Nicholas Anane Agyei, argued that the attempted arrest was "flawed beyond saving" due to insufficient legal basis. He highlighted Section 19 of the Economic and Organised Crime Office Act, 2010 (Act 804), explaining that while Section 19(1) empowers the EOCO Executive Director to invite persons for investigation and compel the production of documents, Section 19(5) expressly criminalises *failure to produce documents* but does not provide a similar criminal consequence for *refusing to honour an invitation*. Mr. Anane Agyei contended that this was not an unintended legislative gap but rather Parliament’s deliberate intention not to criminalise a refusal to appear. Therefore, he concluded that even if Mr. Baffour Awuah had failed to respond to an invitation, this failure alone could not provide a legal basis for his arrest. He also questioned the legality of the attempted arrest in the absence of a warrant and without the necessary conditions for a warrantless arrest, acknowledging that while warrantless arrests are frequent in Ghana, their occurrence does not automatically establish their legality.

Meanwhile, Nana Agyei Baffour Awuah himself has publicly questioned EOCO's authority, particularly whether it is responsible for regulating or determining lawyers’ professional fees. In a Facebook post on Saturday, September 26, the MP refuted EOCO’s initial claim that he refused to honour an invitation, calling it "propaganda," and then addressed the latest allegation that he charged unapproved professional fees. He denied claims that GHS2.2 million out of a GHS5 million amount was paid to him or his law firm, SBA and Partners, as legal fees. The MP also rejected allegations of transferring money to the then Managing Director of SIC Life Savings and Loans, and denied that a judicial sale of a property for GHS24 million took place, consequently dismissing any remittance of GHS6 million from an alleged buyer to himself or his firm.

EOCO, on its part, has maintained that the attempted arrest aligns with its statutory responsibilities and formed part of lawful steps in an active investigation. The agency stated that the operation was not completed after the situation escalated, and officers assessed that further action could endanger public safety. EOCO confirmed that the investigation remains active and that it will review available video evidence before determining its next steps.