INSTITUTIONAL STATEMENT ON PARLIAMENTARY PRIVILEGES, IMMUNITIES AND THE RESPONSIBILITIES OF MEMBERS OF PARLIAMENT
Parliamentary Privilege Must Protect Parliamentary Functions, Not Become a Shield Against Accountability
The Coalition for Integrity in Governance Ghana (COFIIG GHANA) calls for renewed national and parliamentary education on the constitutional privileges, immunities, responsibilities and limitations applicable to Members of Parliament. Parliamentary privilege is an essential component of constitutional democracy because it enables Members to perform their legislative, representative, deliberative and oversight functions without improper interference. However, it must be understood within its constitutional purpose and must not be treated as a blanket personal immunity for everything an MP says or does, regardless of where or in what capacity the conduct occurs.
The 1992 Constitution establishes specific privileges and immunities for Parliament and its Members. Article 115 protects freedom of speech, debate and proceedings in Parliament. Article 116 provides protection concerning matters brought by a Member in or before Parliament by petition, bill, motion or otherwise, and establishes a procedure concerning statements made in Parliament that are considered prima facie defamatory. Articles 117 and 118 provide specific protections concerning the service of legal process and the attendance of Members as witnesses while attending Parliament. Article 119 concerns jury service, while Article 120 provides protection relating to the publication of parliamentary reports and proceedings. These provisions are intended to enable Parliament and its Members to perform their constitutional functions effectively and independently. They should therefore be understood as institutional protections connected to parliamentary functions rather than as unlimited personal immunity.
COFIIG GHANA believes there must be a clear distinction between parliamentary proceedings and activities undertaken by an MP outside Parliament. An MP speaking during parliamentary proceedings, participating in a parliamentary committee or formally bringing a matter before Parliament is operating within the parliamentary framework. By contrast, appearances on radio and television, Facebook posts, X or TikTok publications, political rallies, campaign activities and other public commentary
require separate consideration under the applicable law and circumstances.
The mere fact that an individual is an MP does not automatically transform every statement or action outside Parliament into an act of Parliament. An MP appearing on a radio programme is not thereby sitting in Parliament; an MP appearing on television is not automatically participating in parliamentary proceedings; and a Facebook post does not become a parliamentary statement merely because its author is an MP. The same principle applies to public allegations or attacks directed at citizens, political opponents, public officials or institutions.
The Constitution itself recognises that parliamentary privilege operates within a framework of responsibility. Article 116 provides a procedure concerning prima facie defamatory statements made by Members in Parliament. Article 122 addresses contempt of Parliament, including conduct that obstructs or impedes Parliament or its Members in the performance of their functions or affronts the dignity of Parliament. Article 123 further provides that where an act constituting contempt of Parliament is also a criminal offence, proceedings for contempt do not prevent criminal proceedings under criminal law.
The Parliament Act, 1965 (Act 300), provides an additional statutory framework concerning contempt of Parliament. It addresses matters including interference with parliamentary proceedings, persistent obstruction of parliamentary proceedings, false or incomplete evidence, wilfully hindering witnesses and disobedience to orders properly given under the Standing Orders. The Standing Orders regulate the conduct and procedure of parliamentary business and establish standards governing Members and parliamentary proceedings, including matters concerning contempt and breaches of privilege. They address conduct that may obstruct parliamentary business, mislead or deceive Parliament, involve false or misleading statements before Parliament or Committees, or otherwise undermine the dignity and proper functioning of the House.
Taken together, the Constitution, the Parliament Act and the Standing Orders establish an important principle: an MP has privileges, but those privileges exist alongside duties, responsibilities and rules of conduct.
Parliament has a Standing Committee on Privileges and Immunities responsible for investigating complaints of contempt of Parliament or breaches of privilege formally referred to it by the House. COFIIG GHANA believes greater public awareness of this mechanism is necessary so that citizens understand how parliamentary privilege is protected and how alleged breaches can be addressed through Parliament’s established procedures.
COFIIG GHANA therefore calls upon the Rt. Hon. Speaker and the leadership of Parliament to undertake a comprehensive public education programme on parliamentary privileges and immunities. This could include a formal parliamentary statement or press conference, an accessible guide to parliamentary privileges, orientation and refresher programmes for Members, media engagement and civic education for the public. The objective should be to ensure that both MPs and citizens understand what parliamentary privilege protects, the circumstances in which it applies, the responsibilities attached to it and the limits of those protections.
COFIIG GHANA recognises that radio, television and social media are important tools for constituency engagement and civic education. MPs can legitimately use these platforms to explain legislation, communicate parliamentary proceedings, discuss constituency concerns, report on parliamentary work, seek public input and promote civic participation. However, these platforms should not automatically be treated as extensions of the parliamentary chamber. Where an MP uses a public platform to make allegations, insults, threats or attacks against citizens, political opponents, public officers or institutions, the conduct should be assessed according to the applicable law and circumstances. Parliamentary membership alone should not determine the legal character of such conduct.
COFIIG GHANA further encourages Parliament to examine how Members use publicly accessible communication platforms, not for political censorship but for institutional education and responsible communication. Parliament can encourage Members to use social media, radio and television to educate constituents, explain parliamentary business, communicate constituency matters and promote civic participation, while maintaining a clear distinction between parliamentary communication, constituency representation and partisan political activity.
The office of Member of Parliament carries both privileges and responsibilities. MPs participate in legislation, represent constituents, perform oversight, serve on committees, raise matters of public concern and contribute to the functioning of a constitutional institution. These responsibilities explain why Parliament and its Members require appropriate constitutional protections. They do not establish a general personal immunity extending to every aspect of an MP’s public or private conduct.
COFIIG GHANA is therefore calling for clarity whenever parliamentary privilege is invoked in public controversies. Citizens should not be left with the impression that an MP can make any statement on any platform or engage in any conduct and subsequently escape accountability merely by identifying himself or herself as a Member of Parliament. At the same time, citizens must respect legitimate parliamentary proceedings and the constitutional protections properly accorded to Members in the discharge of their parliamentary functions.
COFIIG GHANA calls for a renewed national conversation on parliamentary privileges, immunities and responsibilities. We call on Parliament to intensify education on Articles 115 to 123 of the 1992 Constitution, strengthen orientation and continuing education for Members, improve public awareness of the Committee on Privileges and Immunities, promote responsible use of public communication platforms, clarify the distinction between parliamentary functions and external political activity, and ensure consistent application of the Constitution, the Parliament Act and the Standing Orders.
COFIIG GHANA is not calling for the weakening of parliamentary privilege. We are calling for its proper understanding and responsible application. Parliamentary privilege exists to protect Parliament and enable Members to perform legitimate constitutional functions. It should not be misunderstood as a personal licence or automatically invoked whenever an MP faces questions concerning conduct outside parliamentary proceedings.
The constitutional principle should remain clear:
Protect Parliament. Protect legitimate parliamentary functions. Respect the privileges granted by the Constitution. Preserve accountability where those privileges do not apply.
By: Desk Analyst Team
COFIIG GHANA
Accra, Ghana
