Vacant seats saga: Bagbin rejects Supreme Court writ
The Speaker of Parliament, Alban Bagbin, has returned a set of court documents served by bailiffs on the Parliamentary Service, citing constitutional immunity under Article 117 of the 1992 Constitution.
The court document was an order to halt the Speaker of Parliament’s decision to declare four seats vacant after the MPs involved decided to cross the carpets ahead of the 2024 elections.
In a letter signed by the Deputy Clerk of Parliament, Ebenezer Djietror and addressed to the Supreme Court on October 18, the Speaker’s office noted, “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”.
The statement further stated that the service’s attempt was contrary to established constitutional provisions and a recent directive from the Judicial Secretary.
The affected MPs are Peter Kwakyi Ackah of Amenfi Central, Cynthia Morrison of Agona West, Kwadjo Asante of Suhum, and Andrew Asiamah of Fomena.
While Peter Kwakyi Ackah, Cynthia Morrison, and Kwadjo Asante are contesting as independent candidates, Andrew Asiamah, who was in the House as an independent MP, is contesting the seat on the ticket of the NPP.
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In the letter, Speaker Bagbin cited a circular issued by Justice Cyra Pamela C.A. Korangteng, the Judicial Secretary, on July 12, 2024, with the title “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, suggesting that the Judiciary take note of the constitutional restrictions regarding the service of court documents to Members of Parliament.
