The Parliament of Ghana has officially informed the Chief Justice of its rejection of a lawsuit seeking an interpretation of Article 97(1) of the 1992 Constitution.
This decision was communicated in a statement from the Deputy Clerk of Parliament, which emphasized the procedural missteps involved in the case.
Speaker Alban Bagbin articulated that the lawsuit was improperly served by three bailiffs on September 16, 2024.
He pointed out that this action contravened Article 117 of the Constitution, which explicitly prohibits the serving of court documents to the Speaker, Members of Parliament, or the Clerk while they are en route to, participating in, or returning from parliamentary proceedings.
Speaker Bagbin noted that such actions undermine the integrity and independence of the parliamentary process.
Furthermore, Bagbin highlighted that the bailiffs’ actions were in violation of a circular issued by the Judicial Secretary.
This circular reaffirms the protection of parliamentary members from legal actions during their official duties, emphasizing the need to safeguard the legislative body’s functions from external disruptions.
The parliamentary leadership expressed deep concern over these developments, viewing them as detrimental to the sanctity and independence of Parliament.
They reiterated their commitment to upholding the constitutional provisions designed to protect parliamentary proceedings and its officials from undue interference.
In a related context, on October 18, the Supreme Court granted a stay of execution regarding Speaker Bagbin’s earlier ruling that declared four parliamentary seats vacant.
This ruling mandates that Parliament recognize and allow the affected Members of Parliament to fully represent their constituencies and fulfill their official roles.
The stay will remain in effect until the Supreme Court issues a final decision on the matter, extending beyond the initially requested ten-day period.
The application for the stay was initiated by Majority Leader Alexander Afenyo Markin, who sought the Court’s intervention to prevent the enforcement of the Speaker’s ruling, which would adversely impact three of their colleagues and one from the opposition National Democratic Congress (NDC).
The case was reviewed by a panel of Supreme Court justices led by Chief Justice Gertrude Torkonoo.
Amid the ongoing controversy surrounding the vacant seats, Speaker Bagbin adjourned a sitting of the House on October 22.
This decision came during a session marked by significant tension, as NDC legislators occupied the Majority side of the Chamber following a walkout by Members of Parliament from the New Patriotic Party (NPP).
The NPP MPs exited the session in protest over disputes regarding claims of majority status, highlighting the fractious political atmosphere as both parties grapple with the implications of the Supreme Court’s stay and the contentious issue of vacant parliamentary seats.
Story by: Emmanuel Romeo Tetteh (#RomeoWrites✍️) / Ahotoronline.com | Ghana🇬🇭
