Legal practitioner Samson Lardy Anyenini has challenged what he considers the broad interpretation of parliamentary privilege under Article 117 of Ghana’s 1992 Constitution.
Lawyer Anyenini has argued that the provision does not give Members of Parliament (MPs) blanket protection from arrest or the service of legal processes.
He explained that Article 117 specifically protects an MP while the legislator is “on his way to, attending at, or returning from” parliamentary proceedings.
However, the constitutional protection, he asserted, has been “so abused,” stressing that being an MP does not automatically place a legislator beyond the reach of law enforcement, particularly when Parliament is on recess or there is no evidence that the MP is engaged in parliamentary business.
“If there is a scheduled committee process in Parliament to which he was to be attending, that is not difficult to prove,” he said.
He made the comments on Adom FM Dwaso Nsem in the wake of the controversy over the attempted arrest of Manhyia South MP and lawyer Nana Agyei Baffour Awuah by officials of the Economic and Organised Crime Office (EOCO) after proceedings at the Accra High Court have been generated.
Mr Anyenini also referred to a 2026 clarification by Speaker Alban Bagbin that security agencies do not require his permission before arresting or inviting an MP for questioning.
“Generally, my position has been that the returning from any proceedings of Parliament. My view is that they have abused it just too much.
“Sometimes they are in their bedrooms, and then they will claim that they are attending to Parliament, and they are attending to the business of Parliament. You know, it’s a difficult thing, so we need to be clear about some of these things,” he said.
Mr Anyenini emphasised that the current controversy underscores the need for clearer understanding of the circumstances in which Article 117 protections apply, stating the matter is currently before court.
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