Chief Justice Gertrude Sackey Torkornoo has issued new directives to Registrars and Court Bailiffs regarding the proper procedures for serving court processes to key Parliamentary officials.
These include the Speaker of Parliament, Clerk of Parliament, and Members of Parliament (MPs).
According to a circular issued by the Chief Justice, court processes intended for the Speaker of Parliament should be served to the Legal Department of the Parliamentary Service, and only on Mondays during working hours.
For the Clerk of Parliament, processes should be served directly to the Clerk of Parliament between 7 am hours and 8 am hours on Mondays or any weekday from Tuesday to Friday, and this procedure should also apply during Parliamentary recesses.
The Clerk of Parliament is also required to inform the Judiciary of the Parliament’s recess schedule.
Regarding Members of Parliament, the circular specified that court processes should be served directly to MPs on Mondays or Tuesdays to Fridays between 7 am hours and 8 am hours, as well as during Parliamentary recesses.
These directives follow concerns raised by the Speaker of Parliament, Alban Bagbin, who alerted the Chief Justice to potential breaches of Articles 117 and 118 of the 1992 Constitution.
The Speaker had informed the Chief Justice that there were incidents where court processes were being served on MPs, the Speaker, and the Clerk while they were engaged in official Parliamentary duties, which could disrupt their work.
Article 117 of the Constitution states that: “Civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to, the Speaker or a member or the Clerk of Parliament whiles he is on his way to, attending at or returning from any proceedings of Parliament.”
Article 118 (1) of the Constitution also provides that “Neither the Speaker, nor a member of, nor the Clerk to Parliament shall be compelled while attending Parliament to appear as a witness in any court or place out of Parliament.”
Article 118 (2) also provides that: “The certificate of the Speaker that a member or the Clerk is attending the proceedings of Parliament is conclusive evidence of attendance at Parliament.”
The circular clarified that the provisions in Articles 117 and 118 of the 1992 Constitution ensure that the Speaker of Parliament, Members of Parliament (MPs), and the Clerk of Parliament cannot be served with any court process or compelled to appear as witnesses in court while Parliament is in session.
The only exceptions to this rule are if Parliament is not in session or if the Speaker certifies that the office holder in question was not on their way to, attending, or returning from any Parliamentary proceedings.
Latest Stories
-
Ghana’s Petroleum Hub Project to transform petroleum downstream sector
4 mins -
Mohammed Kudus will come back from red card suspension stronger – Michail Antonio
33 mins -
AFCON 2025Q: Ghana’s chances of qualifying are ‘low to impossible’ – Angola coach
36 mins -
Sammi Awuku leads NPP youth to rally support in Odododiodio and Korle Klottey constituencies
51 mins -
AFCON 2025Q: Stars to fly with 22 players for Angola test, Ebenezer Annan to join in Luanda
52 mins -
Historic coronation of Torgbi Mileba III: A celebration of heritage with support from Vanuatu’s Trade Commissioner to Ghana
1 hour -
Bawah Fuseini aims to transform National Sports College into international standard facility
1 hour -
Members of 8th Parliament lack “mental capacity” – Kofi Koranteng
1 hour -
[Infographics] Dialysis crisis: The free treatment promise
1 hour -
Tension between Strategy and Complacency: What is the NDC’s definition of vigilance towards the 2024 elections?
1 hour -
Two artists reflect on shifting architectural and food cultures ahead of WorldFaze Art Practice’s November 17 exhibition
2 hours -
McDan Group chairman advocates for hard work and self-reliance
2 hours -
Lower primary school teachers undergo training to develop teaching materials
2 hours -
This is the “most useless” parliament Ghana has ever had – Kofi Koranteng
2 hours -
[Infographics to keep] Vacant Seats case: The Supreme Court verdict and related politics
2 hours