Former Majority Leader Osei Kyei-Mensah-Bonsu has urged the leadership of the Economic and Organised Crime Office (EOCO) to have a clear understanding of the constitutional provisions governing Parliament and the privileges of Members of Parliament.
His comments follow a tense incident at the Accra High Court on Wednesday, September 23, involving lawyers for detained Techiman-based nurse Salomey Baffoe Awiti, security personnel believed to be from EOCO, and a Member of Parliament.
The incident has sparked concerns about the manner in which law-enforcement agencies engage with MPs, particularly when legislators are carrying out their parliamentary responsibilities.
Speaking on Joy FM’s Super Morning Show on Thursday, September 24, Mr Kyei-Mensah-Bonsu said the incident was “the most unfortunate,” particularly because it occurred within the precincts of the court.
He questioned why EOCO proceeded with an action against the MP after the law firm concerned had already engaged the investigative body and submitted a statement.
According to him, the firm had responded to EOCO’s invitation through a designated senior officer, who engaged the agency on three separate occasions.
He said the engagements eventually culminated in the submission of a statement, but EOCO had not, to his knowledge, indicated that it was dissatisfied with the response or requested further engagement with the firm’s representatives.
“They have not expressed any apprehension, and they have not expressed any will to further invite the firm or their representatives in particular. So why this resort?”
Mr Kyei-Mensah-Bonsu described the subsequent action as unnecessary and cautioned against allowing similar incidents to occur.
“It is unnecessary and should not be allowed to have any further proliferation. It’s dangerous to our democracy.”
According to him, these provisions are intended to ensure that Members of Parliament can perform their constitutional duties without undue obstruction.
He argued that where an MP attends court in connection with a matter of parliamentary interest, including for the purpose of observing proceedings or subsequently bringing the matter before Parliament, the legislator should be allowed to perform that responsibility.
Mr Kyei-Mensah-Bonsu therefore questioned the circumstances surrounding the alleged attempt to prevent the MP from entering the court.
He said law-enforcement officials must recognise the constitutional framework governing Parliament before taking action involving legislators.
“I think Raymond must be sufficiently enamoured to understand the constitutional imperatives and will not walk this path.”
He further noted that Parliament has constitutional powers to protect its privileges and deal with conduct considered contemptuous of its authority and dignity.
Mr Kyei-Mensah-Bonsu said the privileges enjoyed by MPs are not intended to shield them from legitimate investigations but to protect Parliament’s ability to function effectively.
He urged EOCO and other law-enforcement institutions to exercise caution when dealing with legislators and to resolve disagreements through established legal channels.
The former Majority Leader said Ghana’s democratic institutions must respect each other’s constitutional mandates if the country is to strengthen its democratic governance.
He maintained that accountability and parliamentary privilege can coexist, provided all parties operate within the law.
