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EOCO lacks power to arrest lawyer over fee disputes — General Legal Council holds jurisdiction, says legal practitioner

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Executive Director of the Centre for Legitimacy and Rule of Law (CLRL), Richard Amarh, has stated that the Economic and Organised Crime Office (EOCO) lacks the legal mandate to arrest a lawyer simply over allegations of overcharging a client.

According to him, oversight of professional legal conduct—including fee structures—rests strictly within the domain of the General Legal Council (GLC), not anti-graft institutions.

Speaking on Rainbow Radio’s morning show, Nyankonton Mu Nsem, Mr Amarh explained that the GLC has established binding guidelines and Legislative Instruments (LIs) governing legal practice and fee regulations.

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His remarks follow Wednesday’s ruling by the Accra High Court, which granted an arrest warrant authorizing EOCO to apprehend Manhyia South Member of Parliament and legal practitioner, Nana Agyei Baffour Awuah. The order forms part of an ongoing probe into legal work undertaken by his former law firm for SIC Life Savings and Loans.

Addressing the court’s order, Mr Amarh noted that while EOCO can only execute an arrest backed by a valid judicial warrant, established constitutional protocols regarding sitting lawmakers must be observed.

“EOCO lacks the legal mandate to arrest a lawyer simply over allegations of overcharging a client.Oversight of professional legal conduct—including fee structures—rests strictly within the domain of the General Legal Council (GLC), not anti-graft institutions.The GLC has established binding guidelines and Legislative Instruments (LIs) governing legal practice and fee regulations.”

He urged EOCO to transmit the warrant to the Speaker of Parliament to facilitate the required parliamentary approval before effecting any arrest.

He added that once a competent court issues an arrest warrant, it remains legally binding until either rescinded by the issuing judge or upon the granting of bail following an arrest.

“EOCO ought to transmit the warrant to the Speaker of Parliament to facilitate the required parliamentary approval before effecting any arrest.
Once a competent court issues an arrest warrant, it remains legally binding until either rescinded by the issuing judge or upon the granting of bail following an arrest.”

The Accra High Court granted an arrest warrant authorizing EOCO to apprehend Manhyia South Member of Parliament and legal practitioner, Nana Agyei Baffour Awuah.

The developments come amid growing regulatory scrutiny surrounding the case.

Prior to the High Court’s warrant, EOCO officials had engaged in a dramatic standoff at the Accra High Court compound in an initial bid to apprehend the lawmaker, who subsequently turned himself in to the authorities to assist with ongoing investigations.

By: Rainbowradioonline.com/Ghana

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