By: Alexander Afriyie
The recent attempted arrest of Reverend John Ntim Fordjour, Member of Parliament for Assin South, has sparked a heated debate about the rule of law, parliamentary immunity, and the separation of powers in Ghana. On April 9, 2025, National Intelligence Bureau (NIB) officials surrounded Fordjour’s residence, seeking to detain him over allegations of suspicious flights at Kotoka International Airport. However, the attempt was met with resistance from Members of Parliament and NPP executives, who argued that the NIB operatives lacked an arrest warrant and failed to follow due process.
Due Process for Arresting MPs.
In Ghana, the process for arresting or inviting a Member of Parliament is clearly outlined in the Constitution. According to Article 117 of the 1992 Constitution, MPs enjoy certain privileges and immunities, including freedom from arrest or imprisonment in connection with civil proceedings. To arrest an MP, law enforcement agencies must obtain a warrant and follow the proper procedures, which includes informing the Speaker of Parliament, as stipulated in Article 118 of the 1992 Constitution.
Furthermore, Article 14(1) of the 1992 Constitution guarantees the right to personal liberty, and any deprivation of liberty must be in accordance with the law. The NIB’s actions in attempting to arrest Fordjour without following due process raise concerns about the potential violation of his right to personal liberty.
Consequences of Unlawful Orders.
Security personnel who carry out unlawful orders can face serious consequences. According to Section 34 of the Police Service Act, 1970 (Act 350), a police officer who obeys an unlawful order may be held liable for any harm caused. Similarly, the Ghana National Police Standards and Operational Procedures Manual emphasizes the importance of obeying lawful orders only.
Invasion of Privacy.
The invasion of people’s privacy without a warrant is a serious issue in Ghana. Article 18 of the 1992 Constitution guarantees the right to privacy, and any invasion of this right must be justified by law. The Electronic Transactions Act, 2008 (Act 772) also provides protections for individuals’ personal data. In the case of Ntim Fordjour, the NIB’s actions have raised concerns about the potential intimidation of opposition figures who raise sensitive national issues.
The attempted arrest of Ntim Fordjour highlights the need for clarity on the procedures for arresting MPs and the importance of respecting parliamentary immunity. As Ghana’s democracy continues to evolve, it’s essential that the rule of law is upheld, and the rights of all citizens, including MPs, are protected. The incident serves as a reminder of the delicate balance between the executive, legislative, and judicial branches of government and the importance of due process in all interactions.
*Constitutional and Statutory References:*
– Article 117, 1992 Constitution (privileges and immunities of Members of Parliament)
– Article 118, 1992 Constitution (freedom of speech and debate in Parliament)
– Article 14(1), 1992 Constitution (right to personal liberty)
– Article 18, 1992 Constitution (right to privacy)
– Section 34, Police Service Act, 1970 (Act 350) (liability for obeying unlawful orders)
– Electronic Transactions Act, 2008 (Act 772) (protection of personal data)
– Ghana National Police Standards and Operational Procedures Manual (importance of obeying lawful orders only). by Alexander Afriyie