Legal Analyst Clarifies Limits of EOCO Arrest Powers for Manhyia South MP

A private legal practitioner, Martin Kpebu, has clarified under what conditions the Economic and Organized Crime Office (EOCO) may arrest Manhyia South Member of Parliament Nana Agyei Baffour Awuah following a High Court order. The Accra High Court recently granted EOCO authority to detain the legislator after it declared that all lawful avenues to secure his voluntary police presence had been exhausted. On Wednesday, September 30, Kpebu outlined the constitutional and statutory boundaries governing ministerial arrests on parliamentary premises, emphasizing that MPs enjoy specific immunity while moving to, attending, or leaving parliamentary sessions under the 1992 Constitution’s Article 117 and Section 21 of the 1965 Parliament Act (Act 300). He stressed that EOCO cannot simply storm Parliament to effect an arrest without following additional procedural steps outlined in Section 20 of Act 300. Kpebu noted, “An MP must be away from parliamentary duties for arrest powers to apply.” The legal commentary emerged amid rising public scrutiny over the EOCO maneuver after officers previously failed to take the MP into custody at the Accra High Court on September 23, prompting chaotic interactions. The attorney advocated for a structured approach where EOCO submits official correspondence to Parliament through designated channels before proceeding with detention.