The Speaker of Parliament Alban Bagbin has rejected the service of a writ of the Supreme Court on the brouhaha surrounding his declaration of four seats in the House vacant.
A letter issued by a deputy clerk of Parliament, Ebenezer Ahumah Djietror, indicated that the Speaker has directed that the writ be sent back to the apex court of the land.
The letter indicated that the writ left by the bailiff who attempted to serve the Speaker on Tuesday, October 15, 2024, was contrary to Article 117 of the 1992 Constitution of Ghana.
“I am directed by Rt. Hon. Alban Sumana Kingsford Bagbin, Speaker of Parliament, to return the attached processes which were left at the Legal Services Office of the Parliamentary Service, by three (3) bailiffs of the Court on Wednesday, 16 October 2024. Attempts were made to serve the same processes on Tuesday, 15 October 2024.
“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 CA. Korangteng (JA), the Judicial Secretary, and copied to the Honourable Lady Chief Justice, with reference number SCR9, entitled ‘Enforcement of articles 117 and 118 of the constitution-Immunity from service of process and arrest’ dated 12 July 2024 addressed to all registrars of courts,” part of the letter reads.
The letter concluded, “Consequently, the Rt. Hon. Speaker has directed the return of the attached processes for your necessary action.”
Background:
The Supreme Court of Ghana on October 18, 2024, stayed the ruling of Speaker of Parliament Alban Bagbin in the matter of the vacation of four seats.
This occurred as the highest court in the land, led by Chief Justice Gertrude Torkornoo, considered an application from the New Patriotic Party (NPP) Members of Parliament.
The decision by the apex court effectively suspends the implementation of the Speaker’s ruling on October 17, 2024, pending further legal review and final determination.
Bagbin had granted a motion by Minority Leader Dr. Cassiel Ato Forson to declare four seats vacant, making the NDC the party with the majority members in Parliament.
Delivering his ruling, the Speaker noted that the decision by the affected MPs to contest in the December 7, 2024, election as independents or on the ticket of a party different from the one on whose ticket they currently serve contravened Article 97 (g) and (h) of the 1992 Constitution.
He noted that the motive and operational effect of Article 97 (g) and (h) was to address the issues of cross carpeting and defection as witnessed in parliaments of old.
He stated that the intent of Article 97 (g) (i) was to ensure party loyalty throughout an MP’s tenure in Parliament.
He emphasised that the affected MPs, by their decision and the Notice of Polls issued by the Electoral Commission for the December 7, 2024, parliamentary elections, have vacated their seats.
The affected seats and their MPs included Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
The NDC is upholding the Speaker’s ruling, while the NPP is supporting the Supreme Court’s decision.
