{
  "id": 9459659,
  "title": "THE LAW 101: Arresting an MP: Immunity, Impunity or a Constitutional Shield for Parliament?",
  "url": "https://urgent.news/2026/09/23/the-law-101-arresting-an-mp-immunity-impunity-or-a-constitutional",
  "topic": "world",
  "section": "World",
  "published": "2026-09-23T22:20:00.000Z",
  "source": {
    "name": "MyJoyOnline Ghana",
    "slug": "myjoyonline-ghana",
    "url": "https://www.myjoyonline.com/the-law-101-arresting-an-mp-immunity-impunity-or-a-constitutional-shield-for-parliament/"
  },
  "original_language": "en",
  "account": "The attempted arrest of Nana Agyei Baffour Awuah, the MP for Manhyia South, at the Accra High Court has reignited a fundamental constitutional question regarding the arrest of Members of Parliament (MPs). This issue is of particular interest to me, as I previously challenged aspects of parliamentary arrangements governing the service of process and arrest of an MP in 2021. The present controversy requires us to distinguish four key questions: whether an MP has immunity from arrest, whether the Speaker must grant permission before an MP can be arrested, whether an MP can be arrested without a warrant, and whether lawful authority for arrest was properly exercised in this specific case.\n\nAccording to Article 117 of the 1992 Constitution, civil or criminal legal proceedings cannot be served on, or executed in relation to, the Speaker or a member of Parliament while they are in the process of attending or returning from parliamentary proceedings. However, the Constitution does not grant MPs immunity from the criminal law or prevent their investigation. Article 17 emphasizes the equality of all individuals before the law and prohibits discrimination, including differential treatment that grants privileges to one class of individuals but not another. Thus, parliamentary privilege is constitutionally protected, but not extended to create general immunity beyond what is explicitly provided by the Constitution.\n\nThe controversy centers on whether MPs possess immunity from arrest and whether the Speaker's permission is required before an MP can be arrested. The Supreme Court is currently deciding whether police officers require the Speaker's leave or certificate to serve or execute civil or criminal process against an MP who is engaged in personal affairs or activities in their constituency. The question remains whether parliamentary practice has extended immunity beyond what is granted by the Constitution. Speaker Alban Sumana Kingsford Bagbin has clarified that security agencies should notify the Speaker of their intention to arrest or invite an MP, but this does not constitute permission. Importantly, an arrest does not always require a warrant, as Section 10 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) permits arrest in certain specified circumstances, such as when an offence is committed in the presence of a police officer or when there are reasonable grounds for suspecting that a person has committed an offence.",
  "summary": "The Constitution must protect Parliament without creating impunity for parliamentarians; and enforce the criminal law without giving the State a weapon for manipulating Parliament. No Member of Parliament is above the law. And no law-enforcement agency is above the law governing its power of arrest.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}