Speaker Bagbin Rejects Supreme Court Writ On Vacant Seats Ruling

The Parliament of Ghana has formally communicated to the Chief Justice, rejecting a lawsuit seeking an interpretation of Article 97(1) of the 1992 Constitution.

In a statement issued by the Deputy Clerk of Parliament, the Speaker, Alban Bagbin, emphasized that the suit was improperly served by three bailiffs on September 16, 2024.

He argued that this action violated Article 117 of the Constitution, which prohibits the service of court processes on the Speaker, Members of Parliament, or the Clerk of Parliament while they are on their way to, attending, or returning from any parliamentary proceedings.

Speaker Bagbin further highlighted that the actions taken by the bailiffs contravene a circular previously released by the Judicial Secretary, which reinforces the enforcement of Article 117.

This circular underscores the importance of protecting parliamentary members from legal processes during their official duties.

The parliamentary leadership expressed concern over this development, stating that it undermines the independence and sanctity of Parliament.

They reiterated their commitment to upholding the constitutional provisions that protect parliamentary proceedings and the officials involved in them.

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.

 

 

 

 

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