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Part IV Privileges and Immunities
115 FREEDOM OF SPEECH AND OF PROCEEDINGS
There shall be freedom of speech, debate and proceedings in Parliament and that freedom shall not
be impeached or questioned in any court or place out of Parliament.
116 IMMUNITY PROM PROCEEDINGS FOR ACTS IN PARLIAMENT
(1)
Subject to the provisions of this article, but without prejudice to the general effect of article 115 of
this Constitution, civil or criminal proceedings shall not be instituted against a member of Parliament
in any court or place out of Parliament for any matter or thing brought by him in or before Parliament
by petition, bill, motion or otherwise.
(2)
Whenever in the opinion of the person presiding in Parliament a statement made by a member is
Prima facie defamatory of any person, the person presiding shall refer the matter for inquiry to the
Parliamentary committee on privileges which shall report its findings to Parliament not later than
thirty days after the matter was referred to it.
(3)
Where the committee referred to in clause (2) of this article reports to Parliament that the statement
made by the member is defamatory of any person, the member who made the statement shall, within
seven days after that report, render an Apology at the bar of Parliament, the terms of which shall be
approved by the Parliamentary committee on privileges and communicated to the person who has
been defamed.
(4)
Where a member refuses to render an apology in accordance with clause (3) of this article, the
Speaker shall suspend that member for the duration of the session of Parliament in which the
defamatory statement was made and a member so suspended shall lose his parliamentary privileges,
immunities and remuneration, but they shall be restored to him if, at any time before the end of the
session, he renders the apology as required by clause (3) of this article.
(5)
A person who has made a contemporaneous report of the proceedings in Parliament, including a
statement which has been the subject of an inquiry under clause (2) of this article, shall publish the
apology referred to in clause (3) of this article or the suspension or the apology referred to in clause
(4) of this article with the same prominence as he published the first report.
(6)
If a person fails to publish the apology as required by clause (5) of this article, he shall not be
protected by privilege.
117 IMMUNITY FROM SERVICE OF PROCESS AND ARREST
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 proceedings of Parliament.
Ghana 1992 (rev. 1996)
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