Bagbin warns against toying with Parliament: 'People don't suffer to elect us in vain'

Alban Bagbin, the Speaker of Parliament has highlighted the essential role of the Legislature as a foundation of governance in Ghana.

During the inauguration of the Job 600 building in Accra on Tuesday, 29 October, he emphasised that Parliament should not be overlooked, as it serves as a crucial reflection of the country’s democratic state.

“If the people are to benefit from democratic governance, it is the Parliament - which is the mirror of democracy that is the focus - that should be strengthened. Because, apart from law making, it is Parliament that has the only function of oversight, and it is Parliament that should ensure that our collective efforts in terms of energy, in terms of resources, in terms of trust, is appropriately applied to the benefit of everyone, Bagbin stated.

In his address, Mr Bagbin pointed out that Parliament encapsulates key principles such as representation, accountability, and governance. It plays a vital role in amplifying the people’s voice and holding the government accountable to its citizens. He asserted, “So strengthening Parliament is not just the duty of Parliament, but of everybody and we have to work together to make sure that our people don't suffer and struggle to elect us in vain.

The Speaker called upon stakeholders and citizens to honour and recognise the institution's significant role in shaping the nation’s democratic framework. He advocated for the enhancement of Parliament across all its departments, urging a collaborative effort to strengthen this vital institution.

Bagbin’s remarks come in light of recent judicial developments. He returned court documents delivered by bailiffs to the Parliamentary Service, citing constitutional immunity as stipulated in Article 117 of the 1992 Constitution. This action, detailed in an official letter from the Speaker's office, reaffirms Parliament's position on judicial processes involving its Members of Parliament (MPs).

In 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, 16 October 2024, are hereby returned.” The letter, signed by the Deputy Clerk of Parliament, Ebenezer Djietror, indicated that the service attempt did not align 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 12 July 2024, which addressed “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 respect the constitutional limitations surrounding the service of court documents to MPs.

Background Context

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

Importantly, the stay will remain in effect until the Supreme Court issues its final decision regarding the case, rather than for the initially requested ten days. The application for this stay was initiated by MPs from the New Patriotic Party (NPP), who sought the Court's assistance 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 22 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.

Through these developments, Speaker Bagbin continues to navigate the complexities of Ghana’s political landscape, underscoring the necessity for a robust and respected Parliament as the bedrock of democratic governance.

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