Two Ghanaian citizens have instituted an action at the Supreme Court under articles 2(1) and 130(1) of the Constitution, 1992 invoking its original jurisdiction on the interpretation of Article 117.
They are among others praying the court for a declaration that upon a true and proper construction of article 117 of the 1992 Constitution, the Speaker or a Deputy Speaker or a Member or the Clerk to Parliament is not granted immunity from arrest for any offence he commits while he is on his way to, attending at or returning from, any proceedings of Parliament.
The Plaintiffs, Hilda Mansuwa Kpentey Dongotey and Albert Gyamfi per their writ also seek;
A declaration that upon a true and proper construction of article 117 of the 1992 Constitution of the Republic of Ghana the Speaker or a Deputy Speaker or a Member or the Clerk to Parliament is not granted immunity from warrantless arrest, restriction or detention while he is on his way to, attending at or returning from, proceedings of Parliament.
Additionally, a declaration that upon true and proper construction of articles 117 and 118(1) and (2) of the 1992 Constitution of the Republic of Ghana a directive by the Speaker of Parliament requiring written notice or leave or an application or any form of permission before the police or any law enforcement agent can arrest or deal with the Speaker or a Deputy Speaker or an MP or the Clerk to Parliament is inconsistent, unconstitutional, null and void.
Moreover, a declaration that upon a true and proper construction of article 117 of the 1992 constitution a warrantless arrest is not a process coming from a Court or a place out of Parliament.
Also, a declaration that the speaker or a Deputy Speaker or an MP or the Clerk to Parliament is not on his way to, attending at or returning from, any proceedings of Parliament while about is personal affairs or ordinarily engaged in any activities in a constituency.
And a declaration that an authorized officer of a court or process server does not require the leave or certificate of the Speaker of Parliament to serve or execute a civil or criminal process on the Speaker or Deputy speaker or a Member or the Clerk to Parliament while he is about his personal affairs or ordinarily engaged in any activities in a constituency.
Source: Ashantibiz
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