Deputy Attorney General warns that parliamentary immunity risks shielding lawbreakers

Deputy Attorney General Justice Srem-Sai has warned that Ghana’s parliamentary immunity provisions could become a shield for impunity if applied without safeguards. On JoyFM’s Super Morning Show, he pointed to the conduct of Manhyia South MP Nana Agyei Baffour-Awuah as a clear example of how Article 117 may be misused. The constitutional clause protects the Speaker, MPs and parliamentary staff from legal processes when they are travelling to, attending or returning from parliamentary sessions. Srem-Sai stressed that this protection must not extend to escaping criminal investigations for alleged misconduct.

Law enforcement agencies have sought to arrest the MP, who has been wanted by the Economic and Organised Crime Office for eight months, but a court warrant has been issued after parliamentary procedures were allegedly not followed. Some legal practitioners claim the arrest process bypassed required parliamentary notice, while Srem-Sai argues that agencies must retain the power to act when MPs flagrantly ignore warrants. He said the MP showed no willingness to surrender voluntarily.

The controversy highlights a broader tension between parliamentary privilege and accountability. Srem-Sai insists that MPs must submit to the law, especially when citizens file complaints. He maintains that the threat of unchecked legislative power undermines public trust in Ghana’s democratic institutions.