Ghana’s Parliament has formally rejected a lawsuit seeking an interpretation of Article 97(1) of the 1992 Constitution. The rejection comes after the Speaker, Alban Bagbin, emphasized that the suit was improperly served by three bailiffs on September 16, 2024.
According to Bagbin, 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.
The Speaker 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.
In a related development, 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.
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.
This decision would have impacted three of their colleagues from the New Patriotic Party (NPP) 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. The stay of execution has added another layer of complexity to the ongoing controversy surrounding the vacant seats.
Amidst this controversy, Speaker Bagbin adjourned the sitting of the House on October 22. 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. The NPP MPs were disputing claims of majority status made by the opposition.
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.
The parliamentary leadership is working to resolve these issues and ensure the smooth functioning of the legislative body.
The developments in Ghana’s Parliament highlight the complexities of the country’s constitutional framework and the need for clarity on key provisions.
As the Supreme Court continues to deliberate on the matter, the nation waits with bated breath for a resolution that will uphold the principles of democracy and the rule of law.
