Private legal practitioner Kwame Adofo has challenged the legal basis for the Economic and Organised Crime Office (EOCO) investigating alleged financial irregularities involving SIC Life Savings and Loans, arguing that the nature of the company involved raises questions about the agency’s jurisdiction.
His comments followed an attempted arrest of Manhyia South Member of Parliament Nana Agyei Baffour Awuah at the Accra High Court on Wednesday, September 23, 2026.
EOCO has explained that the attempted arrest was part of efforts to secure the MP’s attendance in an ongoing investigation after he allegedly failed to honour two invitations issued in February.
However, speaking on the Asaase Breakfast Show on Thursday, September 24, Mr Adofo questioned whether EOCO had the statutory mandate to investigate a matter involving a private financial institution.
“When we say EOCO, it means Economic and Organised Crime Office. The victim must be distinguished. That’s where we start from,” he said.
Mr Adofo argued that where an alleged victim is a private entity rather than the state, the matter could fall within the investigative remit of the Ghana Police Service, particularly the Criminal Investigations Department (CID).
“It’s a company. It’s not something owned by the state. It’s a private entity called SIC Savings and Loans. What has that got to do with you?” he asked.
He said individuals who receive EOCO invitations in circumstances where they believe the agency lacks jurisdiction could demand that the office identify the specific legal provision authorising the investigation.
“I’ve told them: point to the law where you say you have the mandate to investigate this matter. If you are not able to point to the law, then my client is not coming,” he said.
The lawyer also addressed the constitutional protections surrounding the arrest or questioning of Members of Parliament, stressing that parliamentary privilege does not amount to blanket immunity.
He said Baffour Awuah’s situation was particularly complex because he was both a lawyer and a sitting MP.
According to Mr Adofo, law enforcement agencies seeking to arrest or question an MP in circumstances covered by Article 117 of the 1992 Constitution should communicate with the Speaker of Parliament.
“Article 117 is a bit difficult for you to understand unless you get further interpretation,” he said.
“But to avoid all the confusion, why don’t you write to the Speaker and the Speaker will make the person available to you?”
Article 117 protects MPs from arrest or legal process while attending, going to or returning from parliamentary proceedings, subject to the terms of the Constitution.
Mr Adofo maintained that the provision should not be construed as giving lawmakers immunity from criminal investigations.
“Nobody is immune from being arrested or being interviewed or being interrogated,” he said.
“But you have to go through the Speaker.”
He further argued that Parliament being on recess does not necessarily eliminate the relevance of Article 117, noting that parliamentary committees and other official activities could still require MPs to be present.
On the intervention of two individuals during the attempted arrest, Mr Adofo said a person could potentially incur criminal liability for obstructing a lawful arrest.
He, however, drew a distinction between interference with a lawful arrest and resistance to an unlawful arrest.
“If the arrest itself is unlawful, then it doesn’t matter that it was resisted. Everything else is unlawful,” he said.
EOCO has said it identified two individuals who allegedly intervened during the attempted arrest and was assessing their conduct before determining whether further lawful action should be taken.
The Office has also maintained that Baffour Awuah’s status as a Member of Parliament does not terminate the investigation or place him beyond the reach of the law.
