Supreme Court has dismissed the Speaker of Parliament, Alban Bagbin’s application to set aside its orders staying the ruling that declared four seats vacant on October 17, 2024.
According to the Apex Court, the grounds of Speaker, Alban Bagbin’s application for the Apex Court to set aside its Order on October 18, 2024 has no merit.
The Supreme Court further stated that it would be a misapplication and misinformation for the applicant (Speaker) to say that the Supreme Court has no jurisdiction.
This comes on the back of the Speaker of Parliament rejecting 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.
