Bagbin rejects and returns Supreme Court writ served on him in vacant seats ruling

The Speaker of Parliament, Alban Bagbin, has taken the step of returning court documents that were delivered by bailiffs to the Parliamentary Service, citing constitutional immunity as per Article 117 of the 1992 Constitution.

This action, detailed in an official letter from the Speaker's office, underscores Parliament's position regarding judicial procedures that involve its Members of Parliament (MPs).

In the correspondence directed to the Supreme Court, the Speaker’s office stated, 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. This message, signed by the Deputy Clerk of Parliament, Ebenezer Djietror, indicated that the service attempt was not aligned with established constitutional provisions or a recent directive from the Judicial Secretary.

Speaker Bagbin's letter referenced a circular from Justice Cyra Pamela C.A. Korangteng, the Judicial Secretary, dated 12th July 2024, titled Enforcement of Articles 117 and 118 of the Constitution - Immunity from Service of Process and Arrest. The letter concluded with the directive, The Rt. Hon. Speaker has directed the return of the attached processes for your necessary action, urging the Judiciary to observe the constitutional limitations surrounding the service of court documents to MPs.

Background Context

On 18th October, the Supreme Court intervened by placing a stay on Speaker Alban Bagbin's ruling, which had declared four parliamentary seats as vacant. This directive mandated that Parliament acknowledge these four MPs, permitting them to represent their constituencies and fulfil their official responsibilities.

Notably, the stay will remain in effect not for the initially requested ten days, but until the Supreme Court issues its final decision regarding the case. The application for this stay was initiated by MPs from the New Patriotic Party (NPP), who sought the Court's help to prevent the enforcement of the ruling affecting three of their members and one from the National Democratic Congress (NDC). The application was filed ex parte, meaning that Speaker Bagbin and Parliament were not parties to the case, allowing the Court to review the NPP MPs' request without their involvement at this stage.

A panel of justices, led by Chief Justice Gertrude Torkonoo, presided over the hearing. Following the controversy regarding the vacant seats, on 22nd October, Speaker Alban Bagbin chose to adjourn the House, a decision made in a chamber predominantly filled with NDC legislators occupying the Majority side of the aisle. The NPP MPs had previously walked out due to disputes with the opposition, who had claimed a majority and taken their seats.

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