Speaker of Parliament rejects court documents, cites constitutional immunity

The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has formally returned legal documents delivered to the Legal Services Office of the Parliamentary Service, citing a breach of constitutional protocol.

The documents, related to a writ invoking the Supreme Court’s original jurisdiction under various articles of Ghana’s 1992 Constitution, were delivered by court bailiffs on October 16, 2024, following an initial attempt on October 15.

In a statement issued by Deputy Clerk Ebenezer Ahumah Djetor, the Speaker referenced Article 117 of the 1992 Constitution, which grants immunity to Members of Parliament (MPs) from legal service or arrest while attending Parliament. He emphasized that the service attempt disregards this provision, along with a recent circular from Judicial Secretary, Her Ladyship Justice Cyra Pamela C.A. Korangteng (JA). The circular, which was also addressed to the Chief Justice and all court registrars, reinforced the enforcement of Articles 117 and 118, underscoring MPs’ immunity from service of process or arrest while performing official duties.

The writ in question sought to invoke the Supreme Court’s jurisdiction based on Articles 2(1), 12(1) and (2), 17(1), 21(1)(b)(e), 35(1) and (5), 55, 97(1)(g), 130(a), and 296(a) and (b) of the 1992 Constitution, along with Rule 45 of the Supreme Court Rules, 1996 (C.I. 16). Though the specifics of the writ have not been disclosed, it indicates an appeal to the Supreme Court for an original ruling under provisions concerning fundamental rights, governance, and parliamentary immunity.

Speaker Bagbin’s decision to return the documents underscores the strict adherence to constitutional protections accorded to Parliament, reinforcing a longstanding boundary between the judiciary and the legislature. The Deputy Clerk’s communication confirmed that the Speaker has instructed the return of the documents to address these legal concerns.

The development highlights ongoing issues surrounding the separation of powers and the immunity provisions granted to MPs under Ghana’s Constitution. As legal authorities and Parliament continue to navigate these complexities, this instance may set a precedent for future interactions between judicial and legislative authorities.