Article 117 does not give MPs blanket protection from arrest; it’s been abused – Samson Ayenini

Legal expert Samson Lardy Anyenini has criticized the interpretation of parliamentary privilege under Article 117 of Ghana's 1992 Constitution. He argued that the provision does not automatically grant Members of Parliament (MPs) blanket protection from arrest or legal process execution. According to Anyenini, Article 117 only safeguards an MP while they are traveling to, attending, or returning from parliamentary proceedings.

However, he believes the constitutional protection has been abused, claiming that being an MP does not exempt a legislator from law enforcement scrutiny, especially during recess or when no evidence exists linking the MP to parliamentary business. Anyenini spoke on Adom FM's Dwaso Nsem following the controversy surrounding the attempted arrest of Manhyia South MP, Nana Agyei Baffour Awuah, by Economic and Organized Crime Office (EOCO) officials.

He cited a 2026 clarification from Speaker Alban Bagbin, stating that security agencies do not require MPs' permission for arrest or questioning.

Anyenini emphasized that the current issue highlights the necessity for a clearer understanding of when Article 117 protections are applicable. He noted that the matter is currently being addressed in the courts.