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Deputy Attorney-General (AG) and Minister for Justice, Dr Justice Srem-Sai, has warned that parliamentary immunity could become a shield for impunity if constitutional protections for Members of Parliament (MPs) are applied without careful consideration.
The Deputy AG said the protections should not provide an avenue for legislators to evade criminal investigations.
"This MP's (Nana Agyei Baffour-Awuah) behaviour has shown as clearly that this power (Article 117), if not carefully managed, will become a tool to provide some form of immunity to MPs so long as they are in parliament throughout the four-year term and if they continue to win their elections, then it appears that such people cannot be arrested in the first place," he said on Super Morning Show on JoyFM while discussing the issue.
His remarks follow controversy over the Economic and Organised Crime Office’s (EOCO) attempted arrest of the Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, and a subsequent court warrant authorising his arrest.
The Minority and some legal practitioners have argued that EOCO failed to follow parliamentary procedures during the attempted arrest, with critics describing the operation as politically motivated.
Dr Srem-Sai, however, maintained that law enforcement agencies must be able to exercise their powers. He said the MP had been wanted for eight months and alleged that he had shown no intention of voluntarily submitting himself to EOCO.
The constitutional provision at the centre of the debate is Article 117, which protects the Speaker, MPs and the Clerk to Parliament against the service or execution of civil or criminal processes while travelling to, attending or returning from parliamentary proceedings.
Some legal practitioners argued that the provision does not expressly impose a blanket requirement for parliamentary leadership to receive notice before every arrest of an MP. The scope of its protection is tied to participation in parliamentary proceedings.
The dispute began on Wednesday, September 23, when EOCO officers attempted to arrest Mr Baffour Awuah at the Accra High Court, resulting in a confrontation.
EOCO subsequently said the operation was connected to an ongoing investigation and followed two invitations issued to the legislator in February 2026, which it alleged he had failed to honour. The Office said officers discontinued the attempted arrest after assessing that further action could endanger public safety.
Mr Baffour Awuah has challenged EOCO’s account, saying the invitation concerned SIC Life Savings and Loans Company, a client of his former law firm, Sarkodie Baffour Awuah & Partners.
According to him, he referred the invitation to the Clerk to Parliament, after which a representative of the firm appeared before EOCO on March 4, March 18 and April 30. He said the representative supplied the requested information, including a written statement.
On Wednesday, September 30, the High Court issued a warrant for his arrest and authorised EOCO to search for and seize documents relevant to the investigation.
EOCO told the court that reasonable efforts to secure the MP’s voluntary attendance had been exhausted. It also expressed concern that documents could be concealed, altered or destroyed. The Ghana News Agency reported that the court directed EOCO to execute the arrest through the Speaker of Parliament.
Dr Srem-Sai has said the inquiry concerns alleged unauthorised financial transactions at SIC Life Savings and Loans, including suspected financial loss, dissipation of public funds and money laundering. These allegations have not been determined by a court.
Meanwhile, JoyNews reported on Thursday morning that sources close to the MP said he intended to report to EOCO that day. That report did not confirm that he had appeared before investigators.
READ ALSO: Baffour Awuah to turn himself in to EOCO today – JoyNews sources
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