Speaker Bagbin Rejects Supreme Court Writ Over Vacant Seats Ruling, Cites Parliamentary Immunity

The Speaker of Ghana’s Parliament, Alban Bagbin, has returned court documents served by bailiffs to the Parliamentary Service, citing the constitutional protections outlined in Article 117 of the 1992 Constitution.

In an official letter from the Speaker’s office, Parliament has asserted its stance on judicial procedures involving Members of Parliament (MPs). The communication, addressed to the Supreme Court, stated, “The attached processes, which were delivered to the Legal Services Office of the Parliamentary Service by three bailiffs of the Court on Wednesday, 16th October 2024, are hereby returned.” Signed by Deputy Clerk Ebenezer Djietror, the letter emphasized that the service attempt disregarded constitutional provisions and a recent directive from the Judicial Secretary.

The letter from Speaker Bagbin’s office referred to a July 12th, 2024, circular by Justice Cyra Pamela C.A. Korangteng, the Judicial Secretary, titled “Enforcement of Articles 117 and 118 of the Constitution – Immunity from Service of Process and Arrest.” The Speaker’s message concluded with the directive, “The Rt. Hon. Speaker has directed the return of the attached processes for your necessary action,” requesting that the Judiciary respect the constitutional limits concerning the service of legal documents to MPs.

Background on the Supreme Court Stay Order

On October 18th, the Supreme Court ordered a stay on Speaker Bagbin’s ruling that declared four parliamentary seats vacant. This directive allows the affected MPs to continue representing their constituencies and performing their official duties pending a final court decision.

The stay order, initially sought for a ten-day period, now extends indefinitely until the Supreme Court concludes the case. MPs from the New Patriotic Party (NPP) had filed an ex parte application, aiming to block the Speaker’s ruling affecting three of their members and one National Democratic Congress (NDC) MP. As an ex parte application, this filing did not require Speaker Bagbin’s or Parliament’s participation, allowing the Court to review the case solely on the NPP MPs’ submission.

Chief Justice Gertrude Torkonoo led the panel of justices reviewing the matter. Amid the ongoing controversy over the vacant seats, Speaker Bagbin adjourned the House on October 22nd in a session primarily attended by NDC legislators occupying the Majority side. This followed an earlier walkout by NPP MPs due to disagreements with the opposition, who had assumed the Majority seats in Parliament.