The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has invoked constitutional immunity under Article 117 of the 1992 Constitution, directing the return of court documents served to the Parliamentary Service.
This action followed an attempt by three court bailiffs to deliver legal documents to Parliament’s Legal Services Office on October 16, after a previous attempt on October 15.
In an official letter from Parliament’s Legal Services Office, Speaker Bagbin clarified his decision, stating that the court documents presented by the bailiffs were returned in adherence to constitutional provisions.
The letter emphasized that the attempted service went against Article 117, which outlines immunity from service of court processes on Members of Parliament.
The Speaker’s office referenced a recent circular from Judicial Secretary Justice Cyra Pamela C.A. Korangteng, which reaffirmed the protections in Articles 117 and 118.
The circular, dated July 12, 2024, reminded court registrars that MPs are protected from the service of court documents and arrest while carrying out their duties.
Speaker Bagbin stressed that the attempted service of documents directly violated this directive.
In the meantime, the Supreme Court issued a stay of execution on October 18 regarding Speaker Bagbin’s recent ruling declaring four parliamentary seats vacant. This stay will remain effective until the Supreme Court delivers a final judgment on the case, replacing the 10-day relief initially requested by the applicants. The application was filed by New Patriotic Party (NPP) MPs, who sought the Court’s intervention to prevent the enforcement of Speaker Bagbin’s ruling.
The case was heard by a Supreme Court panel led by Chief Justice Gertrude Torkonoo, and the decision has added tension to parliamentary proceedings. On October 22, Speaker Bagbin adjourned the House amid growing contention over the disputed parliamentary seats.
