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Chief Justice Issues New Rules on Serving Court Documents to Parliamentary Officials

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Ghana’s Chief Justice Gertrude Sackey Torkornoo has introduced new rules governing how court documents are to be served to key parliamentary officials, aiming to protect parliamentary proceedings from disruption while maintaining legal processes.

In a directive addressed to court registrars and bailiffs, the Chief Justice outlined specific protocols for serving court processes on the Speaker of Parliament, the Clerk of Parliament, and Members of Parliament (MPs).

Under the new guidelines, any court documents meant for the Speaker of Parliament must be delivered to the Legal Department of the Parliamentary Service on Mondays, during regular working hours. Meanwhile, court processes for the Clerk of Parliament must be delivered directly to the Clerk’s office between 7 am and 8 am on weekdays, including during parliamentary recesses. The Clerk is also required to keep the Judiciary informed of Parliament’s recess dates to ensure smooth coordination.

For MPs, court processes can now be served directly to them on Mondays, or between Tuesdays and Fridays, from 7 am to 8 am, with the rule remaining in effect even when Parliament is on recess.

The move comes after Speaker Alban Bagbin raised concerns about recent incidents where court documents were served to parliamentary officials while they were engaged in official duties, potentially disrupting parliamentary operations. Speaker Bagbin had cited violations of Articles 117 and 118 of the 1992 Constitution, which protect MPs, the Speaker, and the Clerk from being served court processes while they are performing their parliamentary functions.

Article 117 bars court documents from being served to these officials while they are attending parliamentary sessions or travelling to and from Parliament, while Article 118 prevents them from being compelled to appear in court as witnesses while Parliament is sitting, except in special circumstances authorised by the Speaker.

The Chief Justice’s new protocols are aimed at safeguarding these constitutional protections and ensuring Parliament’s effective operation, while also upholding the integrity of the legal process.

Source:TheDotNews

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