Two Ghanaian citizens have headed to the Supreme Court to seek clarification on the issue of immunity and privileges for Members of Parliament.
The two Ghanaians, Hilda Mansuwa Kpentey Dongotey and Albert Gyamfi, according to a citinewroom.com report, “argue that the framers of the constitution could not have intended the expression proceedings of Parliament to refer to the entire duration of a session or a meeting of the House.â€
Article 117 of the 1992 constitution stops any criminal or civil processes coming from any court from being served on or executed to the Speaker, or a member of the Clerk to Parliament while the person is on his or her way to, attending, or returning from, parliamentary duty.
According to the lawyer of the plaintiff, Samson Lardi Ayenini, they want the apex court to declare that an MP, a Speaker, Deputy Speaker, or a Clerk to Parliament can be arrested for any offence committed while on his or her way to, attending, or returning from any proceedings of Parliament.
This comes after the police served him criminal summons for his involvement in a protest in his constituency.
The protest, the police said, led to an “unlawful road blockade and destruction of public property.â€
The police had written to parliament for him to avail himself for questioning but, parliament refused to grant the request of the police citing articles 117 and 118 of the Constitution.
The Speaker of parliament, however, referred the matter to the privileges committee of parliament for findings and recommendations.
But the police has now taken a step to challenge the matter before the court after two failed attempts to arrest him.
However, Sosu is yet to make an appearance in court as the Speaker of Parliament informed the police he was out of the country for parliamentary duties.
Source: www.ghanaweb.com