Arrest warrant against Manhyia South MP does not mean conviction – Kwasi Kwarteng

A member of the New Patriotic Party (NPP) national communications team, Kwasi Kwarteng, has explained the arrest warrant issued against Manhyia South Member of Parliament Nana Agyei Baffour Awuah.

He said the warrant issued by the High Court to the Economic and Organised Crime Office (EOCO) only authorises the agency to arrest the lawmaker and does not amount to a conviction or judgment against him.

Speaking on Accra-based Channel One TV’s Breakfast Daily programme on Thursday, October 1, Kwarteng said the execution of the warrant must also comply with the Constitution and other applicable laws, particularly provisions relating to parliamentary immunity.

“An arrest is not a conviction. Neither is it a judgment. A mere arrest warrant really does not say anything. It is just a way of saying that, well, I have some offence against you. Come and explain yourself," he said.

The comments follow the High Court’s decision to issue a warrant authorising EOCO to arrest Mr Baffour Awuah after the anti-graft agency told the court that it had exhausted what it considered reasonable means of securing his voluntary attendance.

EOCO is investigating alleged financial irregularities involving SIC Life Savings and Loans Company Limited, in connection with the lawmaker’s role as Senior Partner of Sarkodie Baffour Awuah & Partners, a law firm engaged by SIC Life to recover funds.

The office said it invited the MP twice in February to assist with the investigation, but Mr Baffour Awuah has disputed that account.

He has explained that the February correspondence was addressed to the Senior Partner of his law firm in relation to the firm’s client, SIC Life, adding that a representative of the firm subsequently engaged EOCO on March 4, March 18 and April 30 and submitted a written statement on April 30.

The development follows an attempted arrest of the MP at the premises of an Accra High Court on September 23, which sparked debate over the procedure for arresting a sitting Member of Parliament.

Mr Kwarteng argued that while parliamentary immunity is not absolute, it remains a constitutional protection that must be respected in the execution of the warrant.

“Parliamentary immunities, despite the fact that it’s not absolute, is also not meaningless. The intent of the framers of the Constitution had a purpose for inserting that provision of parliamentary immunity," he stated.