The Speaker of Parliament, Alban Bagbin, has returned a set of court documents served on the Parliamentary Service, citing immunity protections under Article 117 of Ghana’s 1992 Constitution.
In an official letter to the Supreme Court, the Speaker’s office emphasized Parliament’s position on judicial processes involving Members of Parliament (MPs), highlighting constitutional safeguards that shield MPs from being served court documents directly.
The court documents, delivered by three bailiffs to Parliament’s Legal Services Office on October 16, 2024, were returned with a statement from Deputy Clerk of Parliament Ebenezer Djietror, who stressed that the service attempt contravened a recent directive from the Judicial Secretary.
Justice Cyra Pamela C.A. Korangteng issued a circular on July 12, 2024, emphasizing MPs’ immunity under Articles 117 and 118, which protect them from service of process and arrest while carrying out parliamentary duties.
This development comes amid a contentious legal dispute involving the Speaker’s prior ruling, which declared four parliamentary seats vacant. On October 18, the Supreme Court issued a stay of execution on that ruling, requiring Parliament to recognize the four MPs as active members until the Court delivers a final decision.
The initial application for this stay, filed by New Patriotic Party (NPP) MPs, argued against enforcing the vacancy ruling, as it would impact three NPP members and one National Democratic Congress (NDC) MP.
Notably, Speaker Bagbin and Parliament were not involved in the case filing, as the application was submitted ex parte.
Amid the legal tensions, Speaker Bagbin adjourned a recent parliamentary session on October 22. This session saw heightened political friction, with NDC MPs occupying seats traditionally held by the NPP, after NPP MPs staged a walkout in protest.
