The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has formally rejected a writ issued to Parliament by the Supreme Court. The writ, which sought to invoke the Supreme Court’s original jurisdiction under several sections of the 1992 Constitution and Supreme Court Rules, was returned to the Court’s Registrar on grounds of improper service.
On October 16, 2024, three court bailiffs brought the writ to the Legal Services Office of the Parliamentary Service. However, the Speaker’s office stated that the attempted service violated Article 117 of the 1992 Constitution, which protects members of Parliament from legal service proceedings while performing legislative duties.
On July 12, 2024, the Judicial Secretary, Her Ladyship Justice Cyra Pamela C.A. Korangteng, published a circular that reinforced this exception. The circular, written to all court registrars and referencing Articles 117 and 118 of the Constitution, underscored Members of Parliament’s exemption from service of process and detention while carrying out their legislative duties.
In a letter from Deputy Clerk Ebenezer Ahumah Djiwator, the Speaker requested that the writ be returned to the Court Registrar, emphasizing the importance of adhering to constitutional provisions.
This incident highlights a constitutional contention surrounding the scope of parliamentary immunity and the enforcement of judicial processes, underscoring the ongoing balance of power between the judiciary and legislative branches in Ghana’s governance.
Ghana | Atinkaonline.com
