Bagbin rejects Supreme Court writ on vacant seats ruling, returns documents

The Speaker of Ghana's Parliament, Rt. Hon. Alban Bagbin, has directed the return of a Supreme Court process attempted to be served on Parliament’s Legal Services Office.

This action was taken after three Supreme Court bailiffs attempted to serve the process on October 16, 2024, following an initial attempt on October 15, 2024.

According to a letter signed by Ebenezer Ahumah

Read full article.Djietror, the Deputy Clerk of Parliament, the Speaker’s decision is grounded in the Constitution, particularly Article 117, which grants members of Parliament immunity from such legal processes while performing their duties.

The document addressed to the Registrar of the Supreme Court cites several constitutional articles, asserting Parliament's jurisdictional stance.

"The Rt. Hon. Speaker notes that the attempted service is contrary to Article 117 of the 1992 Constitution and the circular issued by Her Ladyship Justice Cyra Pamela C.A. Koranteng (JA)," the letter states, underscoring the Speaker’s position that such attempts to serve judicial processes breach Parliamentary immunity provisions.

This immunity was further emphasized in a July circular from the Judicial Secretary, which clarified that MPs are protected under Article 118 of the Constitution, allowing them immunity from legal processes and arrest while on duty.

According to the circular referenced in the letter, titled “Enforcement of Articles 117 and 118 of the Constitution - immunity from service of process and arrest”, all court registrars were reminded of these provisions, reinforcing the stance taken by the Speaker in returning the documents.

"Consequently, the Rt. Hon. Speaker has directed the return of the attached processes for your necessary action," Djietror's letter concludes, reiterating Parliament's assertion of its constitutional rights.

This directive highlights an ongoing legal friction between Ghana's judiciary and Parliament over the interpretation of parliamentary immunities, underscoring the delicate balance of powers within Ghana's constitutional framework.

Background

In a major legal dispute, Ghana’s Supreme Court issued a stay on Speaker Alban Bagbin’s decision to declare four MPs’ seats vacant, affecting Cynthia Morrison, Kwadjo Asante, Andrew Amoako Asiamah, and Peter Kwakye Ackah.

This move, initiated after a motion by former Minority Leader Haruna Iddrisu, is grounded in Article 97(1)(g) of Ghana’s 1992 Constitution, which mandates MPs who change political allegiance or run as independents vacate their seats. The affected MPs challenged this decision, arguing that it undermines their democratic representation in Parliament.

The legal case saw the involvement of a Supreme Court panel led by Chief Justice Gertrude Torkonoo, who granted a stay on Bagbin's ruling, allowing the MPs to retain their seats temporarily. Represented by lawyers, including former Attorney General Joe Ghartey, the MPs sought judicial intervention to clarify their status as they plan to run in the upcoming 2024 elections under different affiliations.

The court instructed the Speaker and Attorney General to file their cases, expediting the legal process given its significance to Ghana’s parliamentary makeup.

Following the Supreme Court's ruling, Speaker Bagbin adjourned Parliament indefinitely, citing constitutional requirements for a quorum and decisions.

This indefinite adjournment has halted parliamentary business, heightening political tensions between the NPP and NDC over who holds the Majority. The NDC MPs briefly claimed the Majority after the ruling, only for the NPP to reassert their position following the stay order, reflecting ongoing contention in Ghana’s parliamentary landscape.