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Former Majority Leader Osei Kyei-Mensah-Bonsu has called for due process in dealing with Members of Parliament, stressing that parliamentary privileges should not be interpreted as placing legislators above the law.
His comments follow a tense incident at the Accra High Court on Wednesday, September 23, when lawyers for detained Techiman-based nurse Salomey Baffoe Awiti reportedly clashed with security personnel believed to be from the Economic and Organised Crime Office (EOCO).
The incident, which involved Member of Parliament Nana Agyei Baffour Awuah, occurred within the precincts of the court and has since sparked concerns over the conduct of law-enforcement officials and respect for parliamentary privileges.
Speaking on Joy FM's Super Morning Show on Thursday, September 24, Mr Kyei-Mensah-Bonsu described the incident as “the most unfortunate,” stressing that the location of the confrontation made the situation particularly concerning.
Mr Kyei-Mensah-Bonsu said while MPs are entitled to constitutional privileges in the discharge of their duties, those protections do not exempt them from accountability.
“I am not saying that a Member of Parliament is beyond reproach. Let’s use legal means to achieve legal ends.”
He explained that, in the matter under discussion, the original invitation from EOCO was directed to the law firm with which the MP was associated and not specifically to him in his capacity as a Member of Parliament.
According to him, the firm consulted the Clerk’s Department of Parliament and subsequently designated a senior officer to respond to EOCO.
The representative, he said, engaged the investigative body on three separate occasions, with the engagements eventually culminating in the submission of a statement.
Mr Kyei-Mensah-Bonsu questioned why EOCO would subsequently seek to arrest the MP without, in his account, first requesting further clarification from the firm or its representative.
“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 is this resort?”
He described the development as unnecessary and cautioned that actions perceived as disregarding parliamentary privileges could create tension between state institutions.
“It is unnecessary and should not be allowed to have any further proliferation. It’s dangerous to our democracy.”
The former Majority Leader further pointed to constitutional provisions governing Parliament and the privileges of its members, arguing that law-enforcement agencies must take those provisions into account when dealing with legislators.
He stressed, however, that parliamentary privilege should not be confused with immunity from legitimate investigations or legal accountability.
According to him, the appropriate approach is to ensure that any action against an MP is pursued through the established legal and constitutional procedures.
“Let’s use legal means to achieve legal ends. That’s what I’m saying.”
Mr Kyei-Mensah-Bonsu also urged state institutions to respect one another’s constitutional mandates, saying disagreements involving legislators should be resolved through lawful channels rather than actions that could undermine the authority of Parliament.
He maintained that protecting parliamentary privileges is not about shielding MPs from accountability, but about ensuring that the constitutional role of Parliament is respected while the law takes its course.
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