Speaker of Parliament Alban Bagbin has taken a bold stance, directing the return of court documents served by bailiffs on the Parliamentary Service. The reason? Constitutional immunity under Article 117 of the 1992 Constitution ¹. This move highlights Parliament’s firm position on judicial procedures involving Members of Parliament.In a letter addressed to the Supreme Court, the Speaker’s office stated that the service attempt was contrary to established constitutional provisions and a recent directive from the Judicial Secretary, Justice Cyra Pamela C.A. Korangteng.
The letter, signed by Deputy Clerk of Parliament Ebenezer Djietror, referenced a circular issued on July 12, 2024, titled “Enforcement of articles 117 and 118 of the Constitution – Immunity from Service of Process and Arrest.”This development comes after the Supreme Court issued a stay of execution on Speaker Bagbin’s ruling, which declared four parliamentary seats vacant. The Court instructed Parliament to recognize and allow the four MPs to fully represent their constituencies and carry out their official duties until the Supreme Court delivers its final ruling.
Background of the Controversy
– The application to stay the Speaker’s decision was filed by NPP MPs, affecting three of their colleagues and one from the NDC.
– The application was filed ex parte, allowing the Court to consider the request without requiring the participation or response of the Speaker or other parliamentary authorities.
– On October 22, Alban Bagbin adjourned sitting in the House amid the vacant seats controversy, with NDC legislators occupying the Majority side of the aisle and NPP MPs walking out in protest.
The Speaker’s move underscores the tension between Parliament and the Judiciary on the issue of constitutional immunity. With the Supreme Court set to deliver its final ruling, the fate of the four parliamentary seats hangs in the balance.
