Bagbin Stokes Fresh Controversy, Rejects Supreme Court Writ

Ghana’s Speaker of Parliament, Alban Sumana Kingsford Bagbin, appears to have stoked yet another debate, following his rejection of set of writs recently served on the Parliamentary Service from Supreme Court, regarding his declaration of some four seats vacant.

Mr Bagbin in a leaked letter, disallowed the service of the writ, citing constitutional immunity under Article 117 of the 1992 Constitution.

The letter, signed by the Deputy Clerk of Parliament, Ebenezer Ahumah Djitror, says the Speaker, has directed that the writ which is about two weeks old, be sent back to the apex court.

It was issued on October 18, and addressed to the registrar of the Supreme Court.

In the view of the speaker, the said writ served on the Legal Services Office of the Parliamentary Service, by three bailiffs, meant to served him, was wrongly done.

He said, the act was conducted without taking into consideration Article 117 of the 1992 constitution.

“I am directed by Rt. Hon. Alban Sumana Kingsford Bagbin, Speaker of Parliament, to return the attracted processes which were left at the Legal Services Office of the Parliamentary Service, by three (3) bailiffs of the Court on Wednesday, 16 October 2024. Attempts were made to serve the same processes on Tuesday, 15 October 2024.

The Rt Hon. Speaker notes that the attempted service is contrary to Article 117 of 1992 Constitution and the circular issued by Her Ladyship Justice Cyra Pamela CA. Korangteng (JA), the Judiciary Secretary, and copied to the Honourable, Lady Chief Justice, with reference number SCR9, entitled ‘Enforcement of articles 117 and 118 of the constitution-Immunity from service of process and arrest’ dated 12 July 2024 addressed to all registrars of court”, the letter read.

It added “Consequently, the Rt Hon. Speaker has directed the return of the attached processes for your necessary action.

Per the date, the letter was sent to the Supreme Court before the Speaker adjourned the House which sat at the Accra International Conference Centre (AICC) sine die.

Recall the declaration by the Speaker had automatically forfeited the positions of the four Members of Parliament (MPs) for Agona West, Suhum, Amenfi Central and Fomena constituencies.

Emergency Recall

Meanwhile, speaker Bagbin, is yet to respond to a memo sent to him by the Deputy Chief Whip on the Majority caucus, Patricia Appiagyei, requesting for an emergency recall.

The memo, dated Tuesday, October 22, the same day the House was adjourned, explained they want members to return to attend to important government businesses, including bills and the approval of two nominees to the Supreme Court.

They want this done within a stipulated 7-day period.

Signed by the second deputy majority whip, Patricia Appiagyei, the memo quoted relevant provision in the constitution to back their request.

“Respectfully, on behalf of myself and the requisite number of Members of Parliament from the Majority Caucus, I have the honour to address you on a matter of utmost national importance. In accordance with Article 112(3) of the Constitution of the Republic of Ghana, 1992 and Standing Order 53 of the Parliament of Ghana, we hereby formally request a Meeting of Parliament. The signatories of members making this request are hereto attached.

Urgent Gov’t Business

The memo listed the first two issues the MPs want the house to take into consideration.

They are tax exemption for designated beneficiaries under the One District, One Factory Programme. Ghana Financial Stability Fund, an International Development Association facility of Two Hundred and Fifty Million United States Dollar ($250, 000, 000).

The third item is a number of bills namely, the Environmental Protection Agency Bill, 2024, Social Protection Bill, 2023, Customs (Amendment) Bill, 2024, Budget Bill, 2023, Ghana Boundary Commission Bill, 2023 and Intestate Succession Bill, 2022.

The Asorka MP explained that, their request was being submitted in good faith and in the national interest.

“We wish to emphasize that this request is made in utmost good faith and in the national interest, to enable the Government to discharge its Constitutional and Democratic obligations to the people of Ghana.

“The matters outlined herein are of pressing importance and require the urgent attention of Parliament.

Considering the constitutional and statutory provisions cited above and in the exercise of our rights as Members of Parliament, we respectfully urge you to summon Parliament for a Meeting within the stipulated seven-day period.”

Source: Anchorghana.com