Speaker Rejects Writ from SC on Vacant Seats in Parliament
The Speaker of Parliament, Alban Sumana Kingsford Bagbin has directed the clerk to return a writ from the Supreme Court staying the declaration of four seats vacant.
A letter sanctioned by the Speaker dated October 18, 2024, to the Registrar of the court, noted that the latter’s action contravenes the constitution.
According to the letter, the action of the apex court violates Article 117 of the 1992 Constitution.
“The Rt. Hon. Speaker has directed return of the attached processes for your necessary action,” the Parliamentary Service citing Article 2 (1), 12(1) and (2), 17 (1), 21(1) (b) (e), 35 (1) and (5), 55, 97(1)(g), 130(a), 296(a) and (b) of the 1992 Constitution and Rules 45 of the Supreme Court Rules, 1996 (C.I 16).
“I am directed by Rt. Hon. Alban Sumana Kingsford Bagbin, Speaker of Parliament, to return the attached processes which were left at the Legal Services Office of the Parliamentary Service, by three (3) bailiffs of the Court on Wednesday, 16th October 2024. Attempts were made to serve the same processes on Tuesday, 15th October 2024.”
“The Rt. Hon. Speaker notes that the attempted service is contrary to Article 117 of the 1992 Constitution and the circular issued by Her Ladyship Justice Cyra Pamela C.A. Korangteng (JA), the Judicial Secretary, and copied to the Honourable Lady Chief Justice, with reference number SCRg, entitled ‘Enforcement of articles 117 and 118 of the constitution immunity from service of process and arrest’ dated 12th July 2024 addressed to all registrars of courts,” it added.
Background
Two weeks ago, the Speaker declared four seats vacant- tilting the balance of power in Parliament to the opposition National Democratic Congress (NDC).
The leader of the New Patriotic Party (NPP) Caucus in Parliament, Alexander Kwamena Afenyo-Markin filed an ex-parte application and secured a stay of execution the next day.
On October 21, he announced Parliament had been served the Supreme Court’s stay of execution order by the court bailiff.
According to him, the writ was received by the Director of Legal Affairs, Mr Nana Tawiah Okyere after several attempts to evade it.
Source: opemsuo.com/Hajara Fuseini
