MP Sosu says citizens not obliged to assist EOCO investigations, criticises arrest procedures
Madina Member of Parliament Francis-Xavier Sosu has strongly criticised the Economic and Organised Crime Office over its attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah, arguing that investigative agencies must strictly observe due process when dealing with citizens.
The lawmaker, who holds a PhD in Law from the University of Ghana and serves as Deputy Ranking Member of the Constitutional, Legal and Parliamentary Affairs Committee, stated that refusing to honour an invitation from an investigative body does not, on its own, give the agency grounds to make an arrest.
No citizen is under obligation to assist any investigative body in investigations.
The controversy arose following an incident on Wednesday, September 23, 2026, at the Accra High Court premises where Mr Baffour Awuah had appeared as legal counsel for social commentator Salomey Baffoe Awiti in connection with the Ghana Jollof TikTok account case. EOCO officers attempted to arrest the Manhyia South MP at the court.
Dr Sosu, who was called to the Bar in October 2010, argued that EOCO should rely on evidence and follow the appropriate legal procedure if it believes someone has committed an offence. Under Section 18 of the Economic and Organised Crime Office Act, 2010 (Act 804), EOCO officers possess the powers and immunities conferred on police officers under the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
If there is a complaint before you and you believe you have evidence to place the person under an arrest, go ahead. You can't say you invited the person, and for a long time, it hasn't been honoured so you go ahead to make arrest.
The Madina MP, known for initiating landmark legislation including the bill that abolished the death penalty in Ghana in 2023, clarified that his position was not intended to prevent law enforcement agencies from carrying out their duties, but to ensure that those duties are performed within the law.
Legal framework for arrests
Section 10 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) permits arrest without warrant in specified circumstances, including where there are reasonable grounds for suspecting that a person has committed an offence. However, Dr Sosu questioned the propriety of making arrests solely based on unanswered invitations.
Nobody is saying law enforcement agencies shouldn't do their work, but it should be in accordance with the law. Why is the person your boyfriend or girlfriend for you to say you invited the person and the invitation was not honoured?
He also argued that an agency cannot accuse a citizen of violating the law while simultaneously failing to observe the required procedure when making an arrest.
You can't say someone has flouted the law, and you will also breach the procedure to effect an arrest.
EOCO's mandate and powers
EOCO was established under the Economic and Organised Crime Office Act, 2010 (Act 804) and replaced the Serious Fraud Office which had been established in 1993. The agency's mandate includes investigating and prosecuting serious offences involving financial and economic loss to the Republic, with expanded functions covering human trafficking, cybercrime, and money laundering.
The attempted arrest has raised questions about the balance between law enforcement powers and constitutional protections. Article 117 of Ghana's 1992 Constitution provides that civil or criminal process cannot be served on or executed against an MP while the member is on the way to, attending, or returning from a proceeding of Parliament, though this does not provide blanket immunity from arrest.
Mr Baffour Awuah, a lawyer who was elected as Member of Parliament for Manhyia South Constituency in the December 2024 general elections on the ticket of the New Patriotic Party with approximately 76.2% of the vote, has not publicly commented on the incident.
Dr Sosu urged law enforcement agencies to strictly adhere to due process to avoid unnecessary confrontations with citizens.
Due processes must be followed. We must all follow the law and due process, and everything will be fine.
