Publishing EOCO Search Warrant Against Baffour Awuah Could Backfire, Lawyer Warns
- Legal practitioner Austin Kwabena Brako-Powers raised concerns about the public disclosure of EOCO's search warrant against Manhyia South MP Nana Agyei Baffour Awuah
- Brako-Powers argued that widespread publicity could give the MP advance notice and allow key documents to be concealed or destroyed before investigators act
- The lawyer also questioned the High Court's direction for EOCO to execute the arrest through the Speaker of Parliament
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A Ghanaian lawyer has raised an unusual concern about the EOCO search warrant obtained against Manhyia South MP Nana Agyei Baffour Awuah, not about its legality, but about how public the whole affair has become.
Source: UGC
Speaking to 3FM on Wednesday, September 30, 2026, legal practitioner Austin Kwabena Brako-Powers warned that the widespread reporting of the Economic and Organised Crime Office's court-authorised search warrant could end up working against the very investigation it was meant to serve.
Wide coverage could compromise the investigation
Brako-Powers argued that search warrants are, by their very nature, tools that depend on an element of surprise.
Their core purpose, he explained, is to ensure that relevant documents and materials remain intact and accessible before investigators can examine them.
"I'm just curious – the nature and intention of securing a search warrant is to ensure that documents and other materials that are in the possession of the Member of Parliament are not jeopardised or not in a way concealed," he said.
He pressed the point further, asking:
"The minute the news is pervasive, don't you think such material may be concealed, or the intent of the search warrant will be defeated?"
His remarks are particularly pointed given that EOCO itself had informed the court that relevant documents risked being concealed, altered, or destroyed if the requested orders were not granted, the very argument used to justify issuing the warrant in the first place.
The Accra High Court last week granted EOCO authority to arrest the MP and seize documents tied to its investigation into alleged unauthorised financial transactions at SIC Life Savings and Loans Company Limited.
The allegations include financial loss, dissipation of public funds, and money laundering.
The court directed that the arrest be carried out through the Speaker of Parliament.
This order followed an earlier, highly publicised incident on September 23, when EOCO officers attempted to arrest Baffour Awuah at the Accra High Court, an episode that sparked considerable legal debate.
The agency said the move came after two invitations issued to the MP in February went unanswered.
Speaker's involvement draws scrutiny
Brako-Powers also took issue with the court's instruction that EOCO channel the arrest through the Speaker of Parliament.
In his view, this requirement is legally problematic.
"Where the court directs or encourages or asks the EOCO officer to first secure the consent of the Speaker of Parliament is where I have a problem with it because it is very problematic," he said.
He acknowledged that constitutional protections and parliamentary privileges must be respected, but argued the law does not automatically require the Speaker's sign-off before investigators can take lawful steps against an MP.
"The law is not that where Parliament is not in session or where the MP is not doing anything to advance the interest of Parliament, the Speaker's consent must be sought," he said.
Baffour Awuah has contested parts of EOCO's account, stating that a representative of his former law firm had engaged with investigators on three separate occasions and provided information that was requested.
Manhyia South MP reports himself to EOCO
Earlier, YEN.com.gh reported that Nana Agyei Baffour Awuah, the Member of Parliament for Manhyia South, presented himself at the offices of the Economic and Organised Crime Office (EOCO) in the company of his legal counsel, Samuel Atta Kyea, and a number of fellow legislators.
Joy News reported that his appearance on Wednesday, September 30, 2026, came after the Accra High Court issued a warrant authorising EOCO to compel his attendance for questioning.
The court's directive followed EOCO's submission that it had exhausted all reasonable avenues to secure the MP's voluntary cooperation.
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Source: YEN.com.gh
