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Police must urgently seek Supreme Court interpretation of Article 117 – Abdulai

Private legal practitioner, Justice Abdulai, has admonished the Ghana Police Service to seek interpretation of Article 117 of the 1992 Constitutio

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Private legal practitioner, Justice Abdulai, has admonished the Ghana Police Service to seek interpretation of Article 117 of the 1992 Constitution which defines the immunity of members of parliament.

Article 117 states that: “Civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to, the Speaker or a member or the Clerk to Parliament while he is on his way to, attending at or returning from, any proceeding of Parliament.”

Order 22 of the Standing Orders of Parliament says the same. Speaking to Alfred Ocansey host of Sunrise on 3fm 92.7, Mr Abdulai said “I think the Police should issue a criminal summons and then go to the Supreme Court for an interpretation of 117 and 118.

The Speaker of Parliament, responding to a letter by the police requesting for the release of Francis Xavier-Sosu, a Legislator, cited the above Article and refused to grant the request.

Acting Director-General, Public Affairs, Ghana Police, ACP Kwesi Ofori says, “Even, what the Honourable Speaker wrote, citing some clauses, the police will go to the Supreme court to seek interpretation to guide our future security operations.”

The decision of the Service follows the controversy that the invitation extended to the Member of Parliament for Madina constituency, Francis Xavier-Sosu, to assist in the probe has generated.

Justice Abdulai argues that the Speaker’s certificate shouldn’t be used blanketly, stating “I think and it appears Article 117 and 118 are being overly expanded by Parliament to protect itself and this must be resolved by all means” he stated.

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