MP’s abuse of parliamentary immunity to be checked- Deputy A-G

Deputy Attorney General Dr. Justice Srem-Sai has issued a stern rebuke regarding the misuse of parliamentary immunity by lawmakers, warning that steps will be taken to safeguard the integrity of the democratic process. His comments come amidst growing concerns over MPs using their constitutional protection against defamation lawsuits to spread false or damaging information.

Misuse of parliamentary immunity: A growing concern

In a Facebook post, Dr. Srem-Sai highlighted the purpose of parliamentary immunity, which is intended to foster constructive debate and allow MPs to speak freely within the legislature. However, he pointed out that some Members of Parliament have exploited this protection to spread falsehoods, tarnishing the reputation of individuals and undermining public trust.

“The Constitution grants MPs some protection against defamation suits. By the law literature, the purpose of this protection is to enhance the quality of GOOD FAITH parliamentary debate. The protection is not a security for false or malicious commentary,” he emphasized.

The consequences of abuse: A threat to democracy

Dr. Srem-Sai specifically referenced an unnamed MP who had taken advantage of the parliamentary platform to make malicious and unfounded statements, which resulted in public disaffection. He argued that such actions defeat the very purpose of the constitutional protection, which is to promote productive discourse, not to foster division or harm.

“Sadly, an MP has chosen to abuse this protection by using the premises of Parliament to peddle malicious falsehoods, which has resulted in creating public disaffection and opprobrium for persons,” Dr. Srem-Sai wrote, reinforcing his stance on the damaging effects of such behavior.

Refuting allegations: The case of Dr. Ernest Addison

In his post, Dr. Srem-Sai also addressed another issue of public interest—the claim that former Bank of Ghana Governor Dr. Ernest Addison had been mistreated during a National Security search of his residence. He categorically refuted the accusations, asserting that Dr. Addison had legal representation throughout the search and that the procedure was carried out in compliance with the terms of a court order.

“Dr Addison had access to legal counsel and representation throughout the search. The search was conducted in line with the terms of the court authorisation; and cordially,” he stated, seeking to set the record straight amid misinformation.

A commitment to protecting democracy

Dr. Srem-Sai concluded his remarks by reiterating the government’s unwavering commitment to addressing abuses of parliamentary privilege. He assured the public that legal or parliamentary measures would be implemented to prevent further misuse, thus preserving a healthy and functioning democracy.

“Such abuse of MPs’ constitutional protection will be corrected and remedied for the healthy growth of our democracy,” he affirmed, signaling potential interventions to prevent the weaponization of parliamentary immunity for misinformation or personal attacks.

A call for legal remedies

Justice Srem-Sai’s statement represents a strong stance against the misuse of parliamentary immunity, emphasizing that legal action will be taken to prevent further harm. His comments serve as a reminder that parliamentary privilege is a tool for good-faith debate, not a shield for spreading falsehoods. As the debate continues, the government appears committed to ensuring that constitutional protections are used responsibly, keeping the integrity of Ghana’s democratic processes intact.