Deputy AG warns parliamentary immunity cannot block MP criminal probes

Deputy Attorney-General Justice Srem-Sai cautions that Article 117 must not become a shield for MPs avoiding criminal investigations following renewed debate over Speaker Gordon Kwakye’s arrest.
The Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has declared that parliamentary immunity must not be allowed to obstruct criminal investigations into MPs. He warned that if constitutional safeguards for legislators are applied without scrutiny, they risk creating space for impunity, particularly when lawmakers continue to win elections or remain in office. Speaking on JoyFM’s Super Morning Show, he referenced the case of Manhyia South MP Nana Agyei Baffour-Awuah, whose arrest attempt by the Economic and Organised Crime Office (EOCO) sparked public debate. The official stressed that the spectre of parliamentarians evading prosecution altogether is unacceptable and undermines accountability. Legal discussions are currently centered on Article 117 of the 1992 Constitution, which shields the Speaker, MPs and parliamentary officials from arrest during parliamentary sessions or related movements. Critics previously argued that EOCO’s actions bypassed parliamentary protocols, suggesting political interference or procedural overreach. Dr Srem-Sai countered that such claims miss the larger point: agencies like EOCO must retain full authority to pursue investigations regardless of legislative status. The ongoing scrutiny reflects rising public concern over how public officials are held to account when allegations of misconduct arise.



