{"id":3010,"date":"2026-10-21T12:20:07","date_gmt":"2026-10-21T12:20:07","guid":{"rendered":"https:\/\/parliamentnews360.com\/?p=3010"},"modified":"2026-10-21T12:20:53","modified_gmt":"2026-10-21T12:20:53","slug":"parliaments-dignity-must-be-protected-in-serving-mps-with-court-processes-clerk","status":"publish","type":"post","link":"https:\/\/parliamentnews360.com\/index.php\/parliaments-dignity-must-be-protected-in-serving-mps-with-court-processes-clerk\/","title":{"rendered":"Parliament\u2019s Dignity Must Be Protected in Serving MPs with Court Processes \u2013 Clerk"},"content":{"rendered":"\n
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By Clement Akoloh \u2013 parliamentnews360.com<\/p>\n\n\n\n

The Clerk to Parliament, Mr Ebenezer Ahumah Djietror, has stressed that state institutions must respect the constitutional procedures governing the service of court processes on Members of Parliament (MPs), warning that bypassing them could undermine the dignity of Parliament.<\/strong><\/p>\n\n\n\n

\u201cThe dignity of Parliament is invaluable. If you subject the Member of Parliament to a degrading situation or you treat him in a way that detracts from what is expected, that compromises the dignity of Parliament,\u201d he said.<\/p>\n\n\n\n

Mr Djietror made the remarks during a workshop organised for the Parliamentary Press Corps by the Media Relations Department of Parliament.<\/p>\n\n\n\n

He cited Articles 117 and 118 of the 1992 Constitution, which provide protections and procedures relating to the service of court processes on MPs and their attendance in court, stressing that the provisions must be respected.<\/p>\n\n\n\n

\u201cThere is a procedure that has been laid down for us to follow. When we follow that procedure\u2026 if you circumvent that procedure, you are creating a problem,\u201d he said.<\/p>\n\n\n\n

He explained that the provisions should be interpreted in light of their purpose and the circumstances surrounding the service of court processes, rather than through a narrow, purely literal interpretation.<\/p>\n\n\n\n

The Clerk, however, emphasised that parliamentary privilege does not place MPs above the law or exempt them from criminal proceedings.<\/p>\n\n\n\n

\u201cThe law is not saying that the Member of Parliament is above the law. The law is not saying that the Member of Parliament can never be served. No, that\u2019s not what the law is saying,\u201d he stated.<\/p>\n\n\n\n

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Mr. Ahumah Djietror – Clerk to Parliament on the left, sitting with Hon. James Agalga – Majority Leader; Hon. John Darko – Suame MP; and Dr. Kate Addo – Chief Information Officer of Parliament at the workshop for the PPC <\/figcaption><\/figure>\n\n\n\n

To illustrate the distinction, he cited an earlier approach under former Speaker Professor Mike Oquaye, who, according to him, directed that investigations involving MPs be conducted in his conference room to avoid unnecessary embarrassment, with members appearing in court when required.<\/p>\n\n\n\n

He added that parliamentary privilege should not be used to evade the consequences of ordinary law violations, such as traffic offences, where the circumstances may justify immediate police action.<\/p>\n\n\n\n

Darko questions practical enforcement of parliamentary privileges<\/strong><\/p>\n\n\n\n

The Member of Parliament for Suame, Mr John Darko, who has been in Parliament for less than two years, offered a practical perspective, arguing that the constitutional procedures outlined by the Clerk do not always reflect how state institutions engage MPs.<\/p>\n\n\n\n

\u201cI think that generally Parliament has asserted its authority\u2026 I\u2019m just less than two years in Parliament, and so if I look at what happens, all the things you are telling me is just theoretical,\u201d he said.<\/p>\n\n\n\n

Mr Darko recounted receiving an unexpected telephone call while serving on the Local Government Committee during the vetting of district-level appointees. The caller, whose number he did not recognise, informed him that he was needed for an investigation by the Economic and Organised Crime Office (EOCO).<\/p>\n\n\n\n

He said he could have insisted that the agency formally write to the Speaker before engaging him, but feared that doing so could generate public speculation that he was evading investigation.<\/p>\n\n\n\n

\u201cI would have said, \u2018No, write to the Speaker and then go through the Speaker,\u2019 and then it becomes\u2026 and then the news is put out there,\u201d he explained.<\/p>\n\n\n\n

His account highlighted the practical dilemma MPs may face when deciding whether to insist on formal procedures or comply with informal invitations to avoid negative public perceptions.<\/p>\n\n\n\n

Clerk warns against disregard for constitutional procedures<\/strong><\/p>\n\n\n\n

Responding to the concerns, Mr Djietror reiterated that state institutions must comply with established legal procedures when dealing with Parliament and its members.<\/p>\n\n\n\n

\u201cThat is why I have a problem with institutions, because the law is the law, the procedure is the procedure, irrespective,\u201d he said.<\/p>\n\n\n\n

He warned that allowing state institutions to disregard the prescribed procedures would weaken the legal framework governing the country\u2019s democratic institutions.<\/p>\n\n\n\n

\u201cIf a state institution feels that they can do whatever they are doing to Members of Parliament, then we are destroying the very laws we have made for ourselves,\u201d he cautioned.<\/p>\n\n\n\n

The Clerk maintained that insisting on due process was not an attempt to shield MPs from accountability, but a call for institutions to respect the Constitution and the procedures it establishes.<\/p>\n\n\n\n

\u201cYou need to respect others and you\u2019ll also be respected,\u201d he added.<\/p>\n\n\n\n

His remarks come amid broader discussions about the balance between parliamentary privilege, the independence of law enforcement institutions and the accountability of elected representatives under Ghana\u2019s constitutional order.<\/p>\n\n\n\n

Source: parliamentnews360.com<\/p>\n","protected":false},"excerpt":{"rendered":"

The Clerk to Parliament, Mr Ebenezer Ahumah Djietror, has stressed that state institutions must respect the constitutional procedures governing the service of court processes on Members of Parliament (MPs), warning that bypassing them could undermine the dignity of Parliament.<\/p>\n","protected":false},"author":2,"featured_media":3011,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[51,1],"tags":[1795,1792,1793,1719,1720,1796,193,494,1794],"class_list":{"0":"post-3010","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-general-news","8":"category-news","9":"tag-article-117-and-118","10":"tag-clerk-to-parliament-of-ghana","11":"tag-ebenezer-ahumah-djietror","12":"tag-economic-and-organized-crime-office","13":"tag-eoco","14":"tag-hon-john-darko-mp-for-suame","15":"tag-parliament-of-ghana","16":"tag-parliamentnews360-com","17":"tag-service-of-court-process-on-mps"},"yoast_head":"\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\n\n\t\n