Inusah Fuseini, Private Legal Practitioner and former Member of Parliament for Tamale Central, has said that the immunity that lawmakers enjoy is not absolute.
He argues that lawmakers cannot be above the law.
“The immunity attached to members of Parliament is not absolute, and so their rights as MPs cannot be above those of ordinary citizens unless they are on their way to Parliament,” he said, commenting on the failed arrest of Manhyia South Member of Parliament and legal practitioner, Nana Agyei Baffour Awuah, at the Accra High Court Complex, while speaking on the Key Points on TV3 Saturday, September 26.
For his part, Lawyer Martin Kpebu said that the Economic and Organised Crime Office (EOCO) was wrong in its approach to arresting Manhyia South Member of Parliament and legal practitioner, Nana Agyei Baffour Awuah, at the Accra High Court Complex.
He argued that the best bet for the EOCO was to have written to the Speaker of Parliament since Baffour Awuah is a lawmaker.
The incident took place on September 23, 2026, while he was at the court premises to represent a client.
He further indicated that the fact that he supported President John Dramani Mahama to win the 2024 general elections does not mean that he will support the violation of due process by the Mahama administration, especially in arresting members of the New Patriotic Party (NPP).
He reminded the Mahama administration that if any Member of Parliament is to be arrested, the law says that should be done through the Speaker of Parliament.
“We are building a strong society; we sat here and criticised the Akufo-Addo government, but it doesn’t mean I support anything the Mahama administration does,” Kpebu also said on the Key Points on TV3 Saturday, September 26.
Speaking on the Key Points on TV3 Saturday, September 26, on the refusal of Baffour to allow himself to be arrested, he said, “He was right; there was no way you could give any other interpretation to it
“EOCO was wrong in its approach. The safest thing was to have gone through the Speaker of Parliament. The best thing for EOCO to have done was to go through the Speaker. Section 20 requires that the arresting body makes an application to the Speaker of Parliament.”
The Ghana Bar Association (GBA) also expressed grave concern over an attempt by the Economic and Organised Crime Office (EOCO) to arrest Nana Agyei Baffour Awuah, while he was at the court premises to represent a client.
According to the GBA, widely circulated videos of the confrontation also captured another lawyer, Mr. Enoch Anhwere Afoakwa, complaining of being assaulted by an operative subsequently confirmed by EOCO to be its officer.
While emphasizing that no individual is above the law, the association maintained that any investigation or enforcement action involving legal professionals—particularly when they are executing their duties to clients—must strictly adhere to constitutional guarantees, standard legal procedures, and professional independence. The GBA warned that bypassing these safeguards fosters a perception of intimidation and creates a chilling effect across the legal profession.
The statement stressed that actions obstructing lawyers through arbitrary or irregular measures risk undermining public confidence in both the justice system and the rule of law.
Highlighting ongoing challenges faced by legal practitioners, the GBA recalled previous admonitions by its National President, Mrs. Efua Ghartey. Speaking at the 2025 annual GBA conference in Wa, Mrs. Ghartey asserted that lawyers must enjoy the freedom to defend clients of their choice without facing harassment, cautioning that such behavior could discourage pro bono services.
Furthermore, at the GBA’s Virtual Mid-Year Conference on June 5, 2026, Mrs. Ghartey referenced the controversial overnight detention of former Bar Vice President Justice Minka Premo and his young female associate—a nursing mother at the BNI. The association questioned why targeted individuals were subjected to such treatment rather than being formally invited beforehand, noting that it leaves serious unanswered questions regarding adherence to constitutional tenets.
In its official statement dated September 24, 2026, and jointly signed by National President Mrs. Efua Ghartey and National Secretary Kwaku Gyau Baffour, the GBA urged EOCO and all state institutions to ensure their operations respect due process, fairness, and individual rights. Concluding its address, the association underscored that the independence of the legal profession remains an indispensable cornerstone of Ghana’s democratic society.
