By Amoako Kwame
Speaker of Parliament, Alban Bagbin, has clarified that security agencies do not need prior approval from him before arresting or inviting a Member of Parliament (MP) for questioning. Instead, he explained that law enforcement bodies are only required to formally notify Parliament after taking such actions.
Speaking to MPs during the Second Meeting of the Second Session of Parliament on Thursday, May 21, Mr. Bagbin said there is a growing misunderstanding about how parliamentary immunity and criminal investigations interact under Ghana’s constitutional framework. He emphasised that the Speaker does not have the power to authorise or block arrests involving sitting MPs.
According to him, once an MP is being investigated or arrested, the responsibility of agencies such as the Ghana Police Service is to inform the Speaker’s office and provide details of the allegations or circumstances surrounding the case. Parliament, he added, will then assess whether any parliamentary privilege or immunity is engaged under the law.
“It is not for security agents to seek my permission before arresting or inviting a Member of Parliament for questioning. It is not. It is for them to inform me and include the circumstances or the allegations that have created the suspicion,” he stated.
His remarks come amid renewed public debate over how far parliamentary immunity extends, following recent high-profile interactions between security agencies and lawmakers.
In one widely discussed case, the Member of Parliament for Asante Akyem North, Ohene Kwame Frimpong (popularly known as OK Frimpong in related political discussions), was among lawmakers whose legal or investigative engagements with security agencies reignited questions about procedure, privilege, and transparency in handling MPs suspected of wrongdoing.
Similar concerns have previously arisen in Ghana’s Parliament when MPs have been invited for questioning or arrested in connection with financial investigations, corruption probes, or electoral disputes, prompting debates about whether such actions should be coordinated with the Speaker’s office or handled independently by law enforcement.
Legal experts generally note that under Ghana’s 1992 Constitution, MPs do not enjoy blanket immunity from arrest or prosecution. Their protections are limited, mainly relating to freedom of speech and parliamentary proceedings, while criminal investigations can proceed provided due process is followed.
Mr. Bagbin’s clarification therefore reinforces the position that Parliament’s role is not to obstruct justice, but to ensure that the constitutional rights and legislative functions of MPs are respected during any engagement with security agencies.
