Attempted arrest of Manhyia South MP: What the law says about arresting a sitting MP in Ghana

• Ghana’s law provides specific protections for MPs in connection with parliamentary proceedings.

• Being an MP does not give a person blanket immunity from arrest or investigation.

• Any arrest must have a lawful basis and comply with constitutional requirements.

The incident occurred after a High Court hearing involving detained nurse Salomey Baffoe Awiti, who has been linked to the Ghana Jollof TikTok account. The court was hearing a bail application after she was remanded for two weeks.

After the hearing, tension reportedly broke out outside the court. Videos circulating online show a woman identifying herself as an EOCO officer asking the MP to accompany her.

The MP reportedly sought to know the woman’s identity and the reason for the intended arrest but declined to go with her.

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A confrontation then followed around the MP’s vehicle. A man believed to be part of the lawyer’s team opened the car door and pushed the woman aside as the MP drove away. The woman appeared to make another attempt to stop the vehicle, while another vehicle believed to belong to the security personnel subsequently followed the MP’s car.

The starting point is Article 117 of Ghana’s 1992 Constitution, which provides specific protection to Members of Parliament from the service or execution of civil or criminal process.

Under the provision, civil or criminal process from a court or other place outside Parliament cannot be served on or executed against an MP while the Member is on the way to, attending, or returning from a proceeding of Parliament.

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This means the protection is connected specifically to parliamentary proceedings. It does not amount to blanket immunity from arrest or criminal investigation simply because a person is an MP.

An MP travelling to Parliament, attending a parliamentary sitting or returning from parliamentary proceedings therefore enjoys constitutional protection against the execution or service of process during that period.

This distinction is important in the circumstances surrounding Wednesday’s incident.

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Article 117 refers specifically to proceedings of Parliament. It does not provide that an MP cannot be arrested simply because the Member is inside a court or attending a court proceeding.

Nana Agyei Baffour Awuah was at the Accra High Court in his capacity as a lawyer representing Salomey Baffoe Awiti during the bail proceedings. His presence at the High Court therefore does not, by itself, trigger the parliamentary protection that applies when an MP is attending or travelling to or from proceedings of Parliament.

However, this does not mean an MP can be arrested without following the law.

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Article 14 of the Constitution protects personal liberty and sets out circumstances in which a person may lawfully be deprived of that liberty. Where a person is arrested on suspicion of a criminal offence, the person must be informed immediately of the reasons for the arrest and of the right to a lawyer.

The Constitution also requires a person arrested or detained in connection with a criminal offence to be brought before a court within 48 hours if not released.

The Parliament Act, 1965, Act 300, contains provisions dealing with parliamentary privileges and protections.

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The Act addresses immunity from the service of process and arrest in connection with parliamentary proceedings, as well as protections for Members in the performance of their parliamentary functions.

It also provides protection against conduct such as assaulting, obstructing or molesting a Member while the Member is within the precincts of Parliament or travelling to or returning from parliamentary proceedings.

These protections are intended to ensure that Members can perform their parliamentary duties without improper interference.

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The events at the Accra High Court should therefore be separated from the question of parliamentary immunity.

Being an MP does not, on its own, place a person beyond criminal investigation or lawful arrest. At the same time, authorities seeking to arrest an MP must have a lawful basis for doing so and comply with the constitutional requirements governing arrest and personal liberty.

In the reported incident, questions remain about whether EOCO had formally invited the MP, whether there was a lawful basis for an arrest, whether he was informed of the reason for the intended arrest and whether the officers acted within their statutory powers.

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Sources close to the MP have disputed claims that he had received an EOCO invitation. They have also alleged that the reported attempt to arrest him was connected to his public defence of Salomey Baffoe Awiti.

Ultimately, membership of Parliament does not create an absolute shield against arrest. The specific constitutional protection applies when an MP is travelling to, attending or returning from parliamentary proceedings. Where an MP is outside those circumstances, any arrest must be assessed under the ordinary constitutional and statutory rules governing arrest, detention and personal liberty.