The Deputy Attorney General, Dr Justice Srem-Sai has condemned in no uncertain terms the exploitation of constitutional provision that protects parliamentarians against defamation when they vent within the premises of the parliament.

He expressed discontentment over how some Members of Parliament deliberately exploit this law to make unguarded statements on national issues.

Registering his frustration on the matter on his ‘X’ account on March 23, 2025, Justice Srem-Sai detailed the true intent of this law.

“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,” a portion of the post read.

Srem-Sai’s caution follows a press conference held by Alexander Afenyo-Markin to condemn the raid on Dr Ernest Addison’s home on March 20, 2025.

The Minority Leader during the press conference accused the security operatives who conducted the search of stealing an amount of GH¢10,000 cash, earrings and necklaces belonging to the former BoG Boss’ wife.

Article 115 of the 1992 Constitution of Ghana guarantees freedom of speech, debate, and proceedings within Parliament, stating that this freedom cannot be challenged or questioned in any court or place outside of Parliament.

Srem-Sai lamented how the MP took advantage of this law to misconstrue facts and peddle falsehood knowing that he would escape the implication of his utterances.

“Sadly, an MP has chosen to abuse this protection by using the premises of Parliament to peddle malicious falsehood which has resulted in creating public disaffection for persons. That, clearly, defeats the purpose of the constitutional protection,” the post said.

He indicated that throughout the entire operation at the house of Dr Ernest Addison, the former Bank of Ghana (BoG) Governor had access to his legal counsel.

He therefore found it bizarre that an MP would cast aspersions on a legally mandated search to stir controversy.

“Dr Ernest 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 said.

He further warned that the constitutional protection would be corrected if need be to prevent abuse of this provision in future.

“Such abuse of MPs’ constitutional protection will be corrected and remedied for the healthy growth of our democracy,” he said.

Background

It would be recalled that the Minority Leader in Parliament, Alexander Afenyo-Markin, condemned the actions of the Director of Special Duties at the National Security Secretariat Richard Jakpa, for leading armed men to raid the residence of the former Governor of the Bank of Ghana, Dr Ernest Addison.

Addressing a press conference at Parliament on March 20, 2025, Afenyo-Markin, described the raid as an act of intimidation and lawlessness, targeted at appointees of the previous government.

He revealed that this was not the first of such incidents, citing a previous raid on the home of former finance minister Ken Ofori-Atta.

According to him, Jakpa and his team stormed Dr Addison’s Roman Ridge residence at dawn, claiming to have a search warrant.

He further alleged that there were acts of theft during the operation.

VPO/EK

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