Former Gomoa West MP Alexander Abban has criticized Speaker Alban Bagbin’s rejection of a Supreme Court writ served on October 15, 2024, describing it as an attempt to exploit Article 117 of the constitution. Abban explained that Article 117, which protects the Speaker, MPs, and the Clerk of Parliament from being served with civil or criminal processes while attending parliamentary proceedings, was intended by the framers to strengthen democracy and prevent unnecessary disruptions .
However, he argued that the provision was not meant to shield “mischievous” actions within Parliament.
Abban emphasized that the provision should not be used to hinder accountability, suggesting that the current interpretation might be undermining its original intent. “I think this provision was given by the framers of the constitution to prevent parliament from unnecessary distractions… But when parliament’s own actions or inactions are brought to bear or are under question, should we still apply this? Was that the mischief the framers of the Constitution wanted to cure?” ¹
Speaker Bagbin rejected the writ, citing improper issuance, and filed an application with the Supreme Court to overturn its stay of execution order.
The writ contained an order to stay his ruling that declared four parliamentary seats vacant, affecting MPs Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central) [1).
The controversy surrounding the rejection of the writ and the subsequent application to the Supreme Court has sparked debate about the limits of parliamentary immunity and the rule of law in Ghana.
Abban’s criticism of Bagbin’s actions highlights the need for transparency and accountability in governance.
