It has emerged that the Speaker of Parliament Alban Bagbin on October 18, rejected efforts by bailiffs of the Supreme Court to serve processes in respect of a writ filed on his ruling that declared four seats vacant.
The Speaker cited the immunity that the office enjoys under Article 117 of the 1992 Constitution to reject the document and have it returned to the Supreme Court.
In a letter addressed to the Supreme Court, the Speaker’s office noted, “The attached processes which were left at the Legal Services Office of the Parliamentary Service by three bailiffs of the Court on Wednesday, 16th October 2024, are hereby returned.”
The letter referenced a circular issued by Justice Cyra Pamela C.A. Korangteng, the Judicial Secretary, on July 12, 2024, with the title “Enforcement of articles 117 and 118 of the Constitution – Immunity from Service of Process and Arrest.”
“The Rt. Hon. Speaker has directed the return of the attached processes for your necessary action,” the letter concluded, suggesting that the Judiciary takes note of the constitutional restrictions regarding the service of court documents to Members of Parliament.
The Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.
The constituencies and the lawmakers are:
2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.
3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).
4. Peter Kwakye Ackah (Amenfi Central), NDC.
The former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. The Majority Leader Afenyo-Markin had filed a suit at the Supreme Court against the petition filed by Haruna Iddrisu.
But the National Democratic Congress (NDC) lawmakers said that they would stick to the ruling of the speaker declaring four seats vacant, a ruling that makes them the Majority in Parliament.
This was despite the Supreme Court order that stayed the execution of the ruling of Speaker Alban Bagbin,
The post Vacant seat controversy: Bagbin rejects efforts by Supreme Court to serve process on him first appeared on 3News.
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