Manhyia South MP's EOCO Escape: A Political Firestorm Ignites Rule of Law Debate!

A contentious incident at the Accra High Court on Wednesday, September 23, involving an alleged attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah by security personnel believed to be from the Economic and Organised Crime Office (EOCO), has sparked widespread debate and criticism. The confrontation, captured in a circulating video, showed a scuffle as the MP attempted to leave the court premises, leading to his driving off.

Private legal practitioner Martin Kpebu described the event as a “retrogression” in Ghana’s democratic development. He argued that established parliamentary procedures require law enforcement authorities to inform the Speaker of Parliament when an MP is needed for an investigation, rather than attempting direct arrests. This process, Kpebu emphasized, safeguards against the potential misuse of state institutions to target opposition MPs, stressing the transient nature of political power.

Nana Agyei Baffour Awuah, who is also a lawyer for detained Techiman-based nurse Salomey Baffoe Awiti, gave a detailed account of the incident. He stated that a woman, claiming to be from EOCO, approached him after court proceedings and demanded he accompany her to EOCO. The MP recounted asking for identification and an arrest warrant, neither of which were produced. Fearing for his safety and alleging the incident was akin to state-sponsored kidnappings, he decided to drive away to protect himself, his constituents, and his client's interests. He subsequently drove to Parliament for safety and to undertake committee work, where he was joined by supportive colleagues.

The Minority in Parliament swiftly condemned EOCO's actions, accusing the agency of abusing its powers. At a press briefing on September 23, the Minority Caucus questioned the authority of investigative agencies to conduct arrests within court premises. Minority Leader Alexander Afenyo-Markin urged the Chief Justice to investigate the matter, highlighting a similar past incident involving Bernard Antwi Boasiako (Chairman Wontumi) where police resisted EOCO's attempts. Afenyo-Markin labeled the attempted arrest as an abuse of state power and an infringement on the MP's fundamental human rights, suggesting a more 'humane approach' could have been adopted.

In response, EOCO issued a statement on Wednesday, September 23, clarifying that its officers were acting in the lawful discharge of their duties to secure the MP’s attendance in connection with an ongoing investigation. EOCO stated that Mr. Baffour Awuah had failed to honor two prior invitations in February prior to the incident. The agency acknowledged that the attempted arrest was not completed due to an escalation of the situation, as officers assessed that further action could endanger public safety. While affirming its respect for constitutional privileges and immunities afforded to Members of Parliament, EOCO stressed that parliamentary membership does not terminate an investigation or place an individual beyond the reach of the law. The Office stated it would review the circumstances and available video evidence to determine its next steps.

Following the incident, EOCO also reported that it identified two persons from the video who allegedly intervened to facilitate the MP's escape. Their conduct is currently being assessed, and lawful steps may follow. Meanwhile, the High Court adjourned Ms. Salomey Baffoe Awiti’s bail application hearing to Thursday, September 24, after the prosecution requested additional time to respond to the defense’s application. Ms. Baffoe Awiti is accused of abetting the publication of false information linked to the Ghana Jollof TikTok account.