Chief Justice Gertrude Sackey Torkornoo has issued new directives to Registrars and Court Bailiffs outlining the proper procedures for serving court processes to key Parliamentary officials, including the Speaker of Parliament, the Clerk of Parliament, and Members of Parliament (MPs).
In a circular from the Chief Justice, it was specified that court processes intended for the Speaker of Parliament should be delivered 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 between 7 a.m. and 8 a.m. on Mondays, or on weekdays from Tuesday to Friday. This procedure remains in effect during Parliamentary recesses. Additionally, the Clerk is required to inform the Judiciary of Parliament’s recess schedule.
When it comes to serving court processes to MPs, the circular states that they should be delivered directly to Members on Mondays or between 7 a.m. and 8 a.m. on weekdays Tuesday to Friday, and also during Parliamentary recesses.
These directives come after Speaker of Parliament Alban Bagbin raised concerns regarding potential breaches of Articles 117 and 118 of the 1992 Constitution. Bagbin had informed the Chief Justice that court processes were being served on MPs, the Speaker, and the Clerk while they were engaged in official Parliamentary duties, disrupting their work.
Article 117 of the Constitution states that civil or criminal processes from any court shall not be served on the Speaker, MPs, or the Clerk while they are attending or on their way to or from Parliamentary proceedings. Article 118 (1) also prohibits compelling the Speaker, MPs, or the Clerk to appear as witnesses in court while Parliament is in session. Additionally, Article 118 (2) confirms that the Speaker’s certificate of attendance in Parliament is conclusive evidence of attendance.
The Chief Justice’s circular clarifies that the provisions in Articles 117 and 118 protect Parliament’s functions by ensuring that court processes cannot be served on or require MPs, the Speaker, or the Clerk to appear in court while Parliament is in session, except when Parliament is not in session or if the Speaker certifies that the official was not attending or traveling to Parliamentary proceedings.
