Speaker of Parliament directs return of Supreme Court’s ruling documents on the parliamentary vacant seats dispute
The Speaker of Parliament, Alban Bagbin, has directed the return of court documents served to the Parliamentary Service by bailiffs, invoking constitutional immunity as outlined in Article 117 of the 1992 Constitution. This directive, relayed through an official letter from the Office of the Speaker, underscores Parliament’s position on judicial actions involving Members of Parliament (MPs).
In a letter addressed to the Supreme Court, the Speaker’s office stated, “The attached processes which were left at the Legal Services Office of the Parliamentary Service by three bailiffs of the Court on Wednesday, 16th October 2024, are hereby returned.” Signed by the Deputy Clerk of Parliament, Ebenezer Djietror, the letter explained that the attempt to serve documents was contrary to constitutional provisions and a recent directive from the Judicial Secretary.
Speaker Bagbin’s letter referenced a circular issued by Justice Cyra Pamela C.A. Korangteng, the Judicial Secretary, on July 12, 2024, titled, “Enforcement of articles 117 and 118 of the Constitution – Immunity from Service of Process and Arrest.” “The Rt. Hon. Speaker has directed the return of the attached processes for your necessary action,” the letter concluded, signaling Parliament’s expectation that the judiciary recognize the constitutional limitations surrounding service of documents to MPs.
The case emerged after the Supreme Court, on October 18, issued a stay of execution on Speaker Bagbin’s ruling, which had declared four parliamentary seats vacant. The Supreme Court’s directive allows these MPs to continue representing their constituencies and fulfilling their parliamentary duties until the Court issues a final ruling.
The application to suspend Speaker Bagbin’s decision was filed by NPP MPs, who sought the Court’s intervention to block the ruling that would affect three of their members and one MP from the NDC. This application was filed *ex parte*, meaning Speaker Bagbin and Parliament were not required to participate in the initial phase of the case, allowing the Court to consider the NPP MPs’ request independently.
The matter was reviewed by a panel of Supreme Court justices led by Chief Justice Gertrude Torkonoo. Amid these developments, Speaker Bagbin adjourned a parliamentary session on October 22, following contention over the vacant seats. This decision came as the National Democratic Congress (NDC) MPs occupied the Majority side of the chamber, following an earlier walkout by New Patriotic Party (NPP) MPs, who opposed the NDC’s occupation, claiming to represent the majority.
