Bagbin rejects Supreme Court writ

Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has formally rejected a writ delivered to Parliament by the Supreme Court. The writ, intended to invoke the Supreme Court’s original jurisdiction under multiple provisions of the 1992 Constitution and Supreme Court Rules, was returned to the Court’s Registrar with claims of improper service.

The writ was delivered to the Legal Services Office of the Parliamentary Service by three court bailiffs on October 16, 2024. However, the Speaker’s office noted that the attempted service contradicted Article 117 of the 1992 Constitution, which protects members of Parliament from legal service processes while attending to parliamentary duties.

This exemption was reinforced by a circular from the Judicial Secretary, Her Ladyship Justice Cyra Pamela C.A. Korangteng, issued on July 12, 2024. The circular, addressed to all court registrars and referencing Articles 117 and 118 of the Constitution, emphasized the immunity of Members of Parliament from service of process and arrest while performing their parliamentary duties.

In a letter from Ebenezer Ahumah Djiwator, the Deputy Clerk, the Speaker directed the return of the writ to the Court Registrar, stressing the need for adherence to constitutional protections.

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.