Former Gomoa West MP, Alexander Abban, has criticized Speaker Alban Bagbin’s rejection of a Supreme Court writ served on October 15, 2024, describing it as an attempt to exploit Article 117 of the constitution.
Abban explained that Article 117, which protects the Speaker, MPs, and the Clerk of Parliament from being served with civil or criminal processes while attending parliamentary proceedings, was intended by the framers to strengthen democracy and prevent unnecessary disruptions.
However, he argued that the provision was not meant to shield “mischievous” actions within Parliament.
Speaking on The Big Issue on Channel One TV with Selorm Adonoo, Abban emphasized that the provision should not be used to hinder accountability, suggesting that the current interpretation might be undermining its original intent.
“I think this provision was given by the framers of the constitution to prevent parliament from unnecessary distractions. As they continue to do their work all in federacy of the expansion or deepening of our democracy, that to me was a shield to protect parliament.
“But when parliament’s own actions or inactions are brought to bear or are under question should we still apply this, was that the mischief the framers of the Constitution wanted to cure? So it appears to me that what was given as a shield was immediately turned into a sword by the speaker to pierce the very heart of democracy. So to me the things that have happened I think the Supreme Court was right.”
On October 17, Speaker Alban Bagbin informed Parliament that he rejected a writ served by the Supreme Court, explaining that it was not properly issued.
According to Bagbin, an existing arrangement with the court allows for the service of court documents only on Mondays, which was not followed in this case.
The writ contained an order to stay his ruling that declared four parliamentary seats vacant. Following the rejection, Speaker Bagbin filed an application with the Supreme Court, requesting it to overturn its stay of execution order. However, the Supreme Court dismissed his application.
The MPs affected by the Speaker’s initial ruling are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
