Publicising EOCO search warrant against Baffour Awuah could defeat its purpose – Brako-Powers

Legal practitioner Austin Kwabena Brako-Powers has voiced concerns that revealing the Economic and Organised Crime Office’s (EOCO) search warrant targeting Manhyia South MP Nana Agyei Baffour Awuah could jeopardize the very objective of the warrant. Speaking on 3FM on September 30, 2026, Brako-Powers emphasized that confidentiality is crucial for search warrants as they aim to prevent the concealment, alteration, or destruction of pertinent documents or materials.

The Accra High Court recently authorized EOCO to arrest the MP and search for relevant documents, directing this through the Speaker of Parliament, following the MP’s refusal to accept two invitations from EOCO in February. The warrant follows a failed attempted arrest at the Accra High Court on September 23, sparking public and legal debate.

Brako-Powers expressed worry that widespread publicity could provide a suspect ample time to tamper with materials investigators are seeking. He questioned whether the purpose of the warrant could be achieved if the subject knew about the EOCO’s judicial authorization to search for and seize materials, as the knowledge might lead to concealment of pertinent evidence.

The court acknowledged the risk of concealment, alteration, or destruction of documents if the search warrant was not granted. Brako-Powers raised doubts about the court’s decision to have EOCO execute the arrest through the Speaker of Parliament, arguing that the legal position typically does not require such consent, although parliamentary privileges and constitutional protections must be respected.

He found the condition problematic, questioning whether the Speaker’s consent should be sought merely because Parliament was not in session or the MP was not advancing parliamentary interests. The MP has disputed certain EOCO allegations and stated that his former law firm representative has provided requested information to investigators.

The High Court’s order now empowers EOCO to proceed with the arrest and search, while the underlying allegations remain under investigation.