The Speaker of Parliament, Rt. Hon. Alban Bagbin, has declined to comply with a Supreme Court writ instructing him to reverse his declaration of four parliamentary seats as vacant.
In a letter issued by the Deputy Clerk of Parliament, Ebenezer Ahumah Djietror, the Speaker directed that the writ be returned to the apex court. The letter also highlighted that the attempted service of the writ on October 15, 2024, was contrary to Article 117 of the 1992 Constitution of Ghana, which protects certain officeholders from legal process during parliamentary sittings.
“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 bailiffs of the Court on Wednesday, 16 October 2024. Attempts to serve the same processes were made on Tuesday, 15 October 2024,” part of the letter stated.
The Speaker referenced a circular issued by Justice Cyra Pamela CA. Korangteng, Judicial Secretary, regarding immunity from service of process and arrest under Articles 117 and 118 of the Constitution. This circular, addressed to all court registrars, was copied to the Chief Justice with reference number SCR9 and dated July 12, 2024.
The letter concluded:
“Consequently, the Rt. Hon. Speaker has directed the return of the attached processes for your necessary action.”
On October 18, 2024, the Supreme Court stayed the implementation of Speaker Bagbin’s ruling, pending further legal review. The case arose following the Speaker’s declaration of four seats as vacant on October 17, 2024. This ruling followed a motion filed by Minority Leader Dr. Cassiel Ato Forson, with the aim of giving the National Democratic Congress (NDC) a majority in Parliament.
The Speaker’s decision was based on the affected MPs’ decision to contest the upcoming December 7, 2024, elections as independents or under the banner of a party different from their original one, which he argued contravened Article 97(g) and (h) of the 1992 Constitution. These provisions address issues of party loyalty, cross-carpeting, and defection in Parliament.
The affected MPs are:
Cynthia Morrison (Agona West)
Kwadjo Asante (Suhum)
Andrew Amoako Asiamah (Fomena)
Peter Kwakye Ackah (Amenfi Central)
While the NDC supports the Speaker’s ruling, the New Patriotic Party (NPP) has welcomed the Supreme Court’s intervention, setting the stage for further legal and political tensions as the case unfolds.