State privileges and immunities

Ghana

Ghana - Constitution 1992 (1996) EN

CHAPTER 8. THE EXECUTIVE
Part I. The President

57. THE PRESIDENT OF GHANA

5. The President shall not, while in office as President, be personally liable to any civil or criminal proceedings in court.
6. Civil or criminal proceedings may be instituted against a person within three years after his ceasing to be President, in respect of anything done or omitted to be done by him in his personal capacity before or during his term of office notwithstanding any period of limitation except where the proceedings had been legally barred before he assumed the office of President.

CHAPTER 10. THE LEGISLATURE

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.

118. IMMUNITY FROM WITNESS SUMMONS
1. Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be compelled, while attending Parliament to appear as a witness in any court or place out of Parliament.
2. The certificate of the Speaker that a member or the Clerk is attending the proceedings of Parliament is conclusive evidence of attendance at Parliament.

119. IMMUNITY FROM SERVICE AS JUROR
Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be required to serve on a jury in any court or place out of Parliament.

120. IMMUNITY FOR PUBLICATION OF PROCEEDINGS
Subject to the provisions of this Constitution, a person shall not be under any civil or criminal liability in respect of the publication of-
a. the text or a summary of any report, papers, minutes, votes and proceedings of Parliament; or
b. a contemporaneous report of the proceedings of Parliament unless it is shown that the publication was effected maliciously or otherwise without good faith.

121. PRIVILEGES OF WITNESSES
1. A person summoned to attend to give evidence or to produce a paper, book, record or other document before Parliament, shall be entitled, in respect of his evidence, or the production of the document, as the case may be, to the same privileges as if he were appearing before a court.
2. A public officer shall not be required to produce before Parliament a document where-
a the Speaker certifies-
i. that the document belongs to a class of documents, the production of which is injurious to the public interest; or
ii. that disclosure of the contents of the document will be injurious to the public interest; or
b the National Security Council certifies-
i. that the document belongs to a class of documents, the production of which is prejudicial to the security of the State; or
ii. that disclosure of the contents of the document will be prejudicial to the security of the State.
3. Where there is a doubt as to the nature of a document such as is referred to in clause (2) of this article, the Speaker or the National Security Council, as the case may be, shall refer the matter to the Supreme Court for determination whether the production, or the disclosure of the, contents, of the document would be injurious to the public interest or, as the case may be, prejudicial to the security of the State.
4. An answer by a person to a question put by Parliament shall not be admissible in evidence against him in any civil or criminal proceedings out of Parliament, except proceedings for perjury brought under the criminal law.

Rome Statute

Article 27 Irrelevance of official capacity

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

APIC

ARTICLE 27 Social Security

From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.