EOCO could have written to Speaker Bagbin instead of seeking arrest warrant for Manhyia South MP – Kpebu

Private legal practitioner Martin Kpebu has questioned the decision by the Economic and Organised Crime Office (EOCO) to obtain a warrant to arrest Manhyia South MP Nana Agyei Baffour Awuah.

The warrant secured on Wednesday, September 30, follows an attempted arrest of the lawmaker at the premises of an Accra High Court on September 23.

EOCO in its application, reportedly told the court that it had exhausted reasonable means of securing the MP’s voluntary attendance in connection with its investigation into alleged financial irregularities involving SIC Life Savings and Loans Company Limited.

Reacting to this on Accra-based JoyNews’ The Pulse on the same day, Mr Kpebu said he was not convinced that the warrant would achieve anything beyond what could have been done through Parliament.

“I thought that they would have just written to the Speaker. That’s all. You write to the Speaker that, oh, you need our MP for this and that, and then the Speaker will arrange,” he said.

The legal practitioner referred to Section 20 of the Parliamentary Privileges Act, 1965 (Act 300), arguing that the law provides a procedure for law enforcement agencies seeking to arrest or serve process on a sitting MP.

He said the provision should be read alongside Article 117 of the 1992 Constitution, which provides protection to MPs from arrest while they are travelling to or from a sitting of Parliament.

The lawyer said Parliament has, in previous instances, facilitated arrangements for law enforcement agencies to question MPs within the precincts of Parliament.

He also questioned EOCO’s claim that it had exhausted all reasonable means of securing the MP’s attendance, particularly given the existing parliamentary procedure.

“I’m not sure I can support the use of that word ‘exhausted’. No," he said.

EOCO has said it invited Mr Baffour Awuah twice in February to assist with its investigation, in his capacity as Senior Partner of Sarkodie Baffour Awuah & Partners, a law firm engaged by SIC Life to recover funds.

Meanwhile, the MP has disputed that account, maintaining that the February correspondence was addressed to the Senior Partner of his law firm concerning its client, SIC Life.

According to him, a representative of the law firm subsequently engaged EOCO on March 4, March 18 and April 30 and submitted a written statement on April 30.