Malik Adama, an aspiring National Vice Chairman of the National Democratic Congress (NDC), has argued that parliamentary immunity does not provide Members of Parliament with blanket protection from criminal investigation or arrest.
Speaking on Ahotor FM’s Morning Show in Accra-Tema on Thursday, September 24, 2026, Mr Adama said Article 117 of the 1992 Constitution must be properly understood, particularly in relation to the circumstances under which parliamentary privileges and immunities apply. His comments follow the attempted arrest of the Manhyia South Member of Parliament, Nana Agyei Baffour Awuah, by officials of the Economic and Organised Crime Office (EOCO) at the Accra High Court on Wednesday, September 23.
EOCO has said the attempted arrest formed part of an ongoing investigation and followed two invitations issued to the MP in February 2026, which the agency said were not honoured. The Office has maintained that membership of Parliament does not, by itself, bring an investigation to an end or place an individual beyond the reach of the law, while also stating that it would not take action inconsistent with parliamentary privilege or other constitutional protections.
According to Mr Adama, the circumstances surrounding the case must be examined from both the perspective of the investigation and the manner in which the attempted arrest was conducted. He said state institutions must be allowed to carry out their lawful responsibilities, but their actions must also be guided by professionalism, constitutional safeguards and respect for the rule of law.
GH¢40 million issue
Mr Adama explained that the matter dates back to an issue involving a company and the Chamber, with financial obligations reportedly at the centre of the dispute. He said the amount involved, including interest, was approximately GH¢40 million, adding that attempts had been made to engage the relevant parties and secure their cooperation.
According to him, the Chamber was contacted and its senior leadership was requested to become involved in resolving the matter. He said the situation eventually involved the Member of Parliament, who was also acting as a lawyer, leading to the subsequent confrontation with EOCO officials. Mr Adama questioned whether the authorities had exhausted the appropriate engagement procedures before resorting to an attempted arrest.
He stressed that when state institutions invite citizens to assist with investigations, the process should be handled professionally and in accordance with the law.
Article 117 and parliamentary immunity
Mr Adama said the constitutional argument surrounding the incident must not be misunderstood. Article 117 of the 1992 Constitution provides that civil or criminal process coming from a court or place outside Parliament shall not be served on or executed against the Speaker, a Member of Parliament or the Clerk to Parliament while that person is on the way to, attending or returning from proceedings of Parliament.
He therefore argued that the provision does not amount to permanent or blanket immunity. “The immunity is not blanket immunity,” Mr Adama said, explaining that the constitutional protection is specifically connected to parliamentary proceedings and the movement of parliamentarians to and from those proceedings.
In his view, being a Member of Parliament does not automatically prevent law-enforcement authorities from investigating an MP or taking lawful action in circumstances outside the protection provided by Article 117. He said the purpose of parliamentary privilege is to ensure that MPs can perform their constitutional duties without unnecessary interference or obstruction.
Engagement through Parliament
Mr Adama further argued that when a sitting MP is engaged in active parliamentary duties, law-enforcement agencies should observe the appropriate institutional procedures. He said agencies seeking to engage MPs in such circumstances would normally coordinate through the Speaker of Parliament.
He maintained, however, that such procedures should not be interpreted as giving MPs permanent immunity from criminal investigations. His position comes amid competing public interpretations of Article 117 following the incident. The Supreme Court has previously described Article 117 as providing immunity from service of court processes in specific circumstances, rather than an absolute bar on service of processes against an MP.
Concerns over alleged use of force
Mr Adama also raised concerns about the manner in which the attempted arrest unfolded, urging the public to carefully examine the available video footage instead of relying solely on claims made by either side.
According to him, he had watched the footage several times and did not see evidence supporting the claim that the female officer was slapped by the MP. He instead said the footage appeared to show physical contact involving the officer and the MP.
Mr Adama acknowledged that law-enforcement officers may use force where the law permits it and where such force is necessary to effect a lawful arrest. However, he stressed that the use of force must remain within the limits of the law and should not become unnecessary harassment or brutality.
He said the conduct of officers during such operations is important because they represent state institutions and their actions can affect public confidence in those institutions.
Institutions must be respected
Mr Adama said Ghanaians must distinguish between individuals and the institutions they represent. He argued that state institutions must be respected regardless of the political identity or position of the person involved.
According to him, when an institution exercises its powers, the process must demonstrate professionalism, respect for constitutional safeguards and adherence to the rule of law. He said the same principle applies to Members of Parliament.
“If an MP has a case to answer, he must be accountable,” he stressed, adding that parliamentary membership should not be used to place anyone permanently beyond the reach of the law.
Accountability must apply to everyone
Mr Adama said the incident should therefore not be reduced to a political confrontation between the NDC and the NPP. He maintained that the central questions should be whether there were lawful grounds for the attempted arrest, whether the appropriate procedure was followed and whether the force allegedly used during the incident was justified.
EOCO has said the investigation remains active and that it would review available video evidence and the circumstances surrounding the incident before determining its next steps. The agency has also said the attempted arrest was not completed after the situation escalated and officers assessed that further action could have endangered public safety.
Mr Adama therefore called for the matter to be handled according to the law, insisting that accountability must apply to both public officials and Members of Parliament. He said MPs must answer legitimate questions arising from investigations, while law-enforcement officers must equally be accountable for their conduct when exercising state authority.
Story by Stephen Kwaku Owusu Mintah