Fresh stand-off in Parliament over vacant seats suit …Speaker rejects service of writ , directs officers to return documents
A lawsuit seeking an interpretation of Article 97(1) of the 1992 Constitution has been officially rejected by the Ghana’s Parliament and communicated to the Chief Justice.
Speaker Alban Bagbin stressed that the suit was wrongfully served by three bailiffs on September 16, 2024, in a statement released by the Deputy Clerk of Parliament.
He contended that this move was against Article 117 of the Constitution, which forbids the Speaker, Members of Parliament, or the Clerk of Parliament from being served with court processes while they are traveling to, attending, or returning from parliamentary activities.
Speaker Bagbin further emphasized how the bailiffs’ actions go against a prior circular issued by the Judicial Secretary that strengthens the application of Article 117.
This circular emphasizes how crucial it is to shield members of parliament from legal proceedings while they are performing their official duties.
Concerned by this development, the legislative leadership said it threatens the independence and integrity of Parliament.
They reaffirmed their dedication to protecting parliamentary procedures and the authorities who participate in them under the constitution.
On October 18, the Supreme Court granted a stay of execution on Speaker Alban Bagbin’s ruling that declared four parliamentary seats vacant. This ruling effectively directed Parliament to recognize and allow the affected MPs to fully represent their constituencies and perform their official duties.
The stay will remain in effect until the Supreme Court issues a final ruling on the matter, rather than the initially requested 10-day period. The application for the stay was filed by Majority Leader, Alexander Afenyo Markin who sought the Court’s intervention to prevent the enforcement of the Speaker’s decision that would impact three of their colleagues and one from the National Democratic Congress (NDC).
The case was reviewed by a panel of Supreme Court justices led by Chief Justice Gertrude Torkonoo.
On October 22, amidst the controversy surrounding the vacant seats, Speaker Bagbin adjourned the sitting of the House. This decision came during a session where National Democratic Congress (NDC) legislators occupied the Majority side of the Chamber after the NPP Members of Parliament had walked out, citing disputes with the opposition over claims of majority status.
The adjournment further underscores the ongoing tensions within Parliament as the parties navigate the implications of the Supreme Court’s stay and the vacant seat issue. Below is the letter from Parliament to the Supreme Court.
