Check out CJs new directive on serving court processes on Officials of Parliament

Chief Justice Gertrude Sackey Torkornoo has introduced new guidelines for Registrars and Court Bailiffs concerning the proper service of court documents to high-ranking officials within Parliament.

These officials include the Speaker of Parliament, the Clerk of Parliament, and Members of Parliament (MPs).

According to the Chief Justice’s circular, court documents intended for the Speaker of Parliament should be delivered to the Legal Department of the Parliamentary Service on Mondays during business hours.

For the Clerk of Parliament, documents are to be served directly between 7 a.m. and 8 a.m. on Mondays or any weekday from Tuesday to Friday. 

This rule applies even when Parliament is on recess. Additionally, the Clerk is expected to inform the Judiciary of the Parliamentary recess schedule.

When serving Members of Parliament, the circular specifies that court documents should be served directly to MPs from Monday through Friday, between 7 a.m. and 8 a.m., including during recess periods.

These instructions were issued following concerns from Speaker Alban Bagbin, who alerted the Chief Justice about potential violations of Articles 117 and 118 of the 1992 Constitution.

The Speaker reported cases where court documents were served on MPs, the Speaker, and the Clerk while they were performing their Parliamentary duties, potentially causing interruptions.

The circular reinforces that under Articles 117 and 118, the Speaker, MPs, and Clerk of Parliament cannot be served with court documents or summoned as witnesses while Parliament is in session. Exceptions apply only if Parliament is not in session or if the Speaker certifies that the individual was not engaged in Parliamentary proceedings.