The detention of Manhyia South MP and lawyer Baffour Awuah on Thursday by the Economic and Organised Crime Office (EOCO) has thrown up serious challenges in respect of the appropriate use of investigative powers by the various law-enforcement agencies in Ghana and the need to ensure the rights of due process in democratic Ghana.
Law-enforcement and investigative agencies have an obligation to investigate allegations of economic and organised crimes, and this responsibility needs to be exercised with due diligence to ensure that the rights of every individual brought before them are upheld.
There is therefore a need to understand the circumstances surrounding the detention, including the basis and whether any criminal allegations are being investigated and to what extent, as well as any judicially mandated legal procedures to which he has been subjected if any.
These are important questions in a constitutional democracy where it is normal for such allegations to be made by members of civil society who are committed to the rule of law and who seek to hold state officials and agencies to account for their actions.
There are concerns as well that the New Patriotic Party (NPP) as an opposition party has the right and responsibility to exercise its freedom of expression and critique government policy, as well as to question the actions of government agencies, without being subject to intimidation, obstruction, or harassment by the state.
At the same time, the allegations of intimidation should be based on substantiated evidence, not assertions, and if the authorities are convinced that the detention of Lawyer Awueh is not related to any authorised investigation into economic and organised crime, they should state so and allow the due legal processes to take their course.
Ghana’s democratic governance system and institutions are strong enough to withstand political criticisms and unfounded allegations and to allow for evidence-based responses thereto.
The NPP and other political parties should therefore continue to exercise their freedom of expression, including the right to question government policies and programmes, but must do so through legal and verifiable evidence if they seek to avoid having their criticisms dismissed as political grandstanding.
Similarly, law-enforcement agencies must demonstrate openness and transparency in their investigations and provide objective and verifiable evidence of economic and organised crime if they wish to avoid accusations of political interference and overreach.
No political party can expect to receive immunity from investigation, and no citizen should feel that they can evade the due process of the law merely because they belong to a political party.
The situation with respect to Lawyer Awueh should therefore be resolved in a manner that safeguards and upholds Ghana’s rule of law and democratic values and institutions.
If there are allegations against him, they should be proven and brought to justice through the appropriate formal legal channels, but if there are no allegations, the law of the land should be upheld.
Ghana’s democratic governance system and institutions must reflect its status as a democratic and responsible republic that fosters trust and confidence among all citizens and political parties.
Regardless of their oppositional stance towards each other, and the appropriate response to allegations of either economic and organised crime or political grandstanding is for the institutions of state to exercise due diligence and due process in respect of any allegations.
This is the standard that Ghana’s democracy deserves.
