The Speaker of Parliament, Alban Bagbin this morning as Parliament duties started briefed the house on an anomaly that had been corrected and need attention. According to the Speaker, the House has special rights which should not be trampled upon. He noted that the Legislature is expected to carry out its functions without any hindrances.
Rt. Hon. Alban Bagbin cited that in Article 117, there was the clause that civil or criminal process coming from any court cannot be served to any member of the following; Speaker, member or Clerk to Parliament when he is on his way to, attending at or returning from any proceedings of the house.
The Speaker went on to add that on many occasions the Judiciary have flouted this on and tried to serve letters to members of the House. He noted that members can be served if Parliament was on recess or not attending to any Parliament proceedings. He added that this confusion created some disorder between the Legislature and Judiciary.
“To ensure that this situation is contained, I had cause to formally write to draw the attention of the Chief Justice to the noncompliance of this by officers of the Judicial Service. I indicated my strongest reservation with some attempt of the Judicial Service to serve court processes on some members of Parliament. Such is unconstitutional. The Chief Justice respectfully acknowledged these breaches of the constitution and reiterated the position I have outlined.
He explained that to solve the to solve the impasse he had to write to the Chief Justice to correct the anomaly. According to him, Chief Justice Anin Yeboah acknowledged the errors and wrote back to tell him that the matter had been resolved. He charged Members of the House to duly accept court summons for them if Parliament was on recess or the members were not attending to any court proceeding.
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