Speaker of Parliament Alban Sumana Kingsford Bagbin has rejected a writ served by the Supreme Court, citing constitutional immunity from such processes.
The writ, which sought to invoke the original jurisdiction of the Supreme Court, was returned by Parliament following a failed attempt at service on October 15 and a subsequent attempt on October 16, 2024.
In a letter addressed to the Registrar of the Supreme Court, a Deputy Clerk of Parliament, Rt Ebenezer Ahumah Djiator, emphasized the Speaker’s concerns, stating that the service attempted by three court bailiffs was “contrary to Article 117 of the 1992 Constitution,” which grants immunity from service of process and arrest to members of Parliament while engaged in parliamentary proceedings.
Referencing a circular issued by Justice Cyra Pamela C.A. Korangteng (JA), Judicial Secretary, on July 12, 2024, which reinforced the protection under Articles 117 and 118 of the Constitution, Djiator stressed that the Speaker felt compelled to reject the writ.
“The Rt. Hon. Speaker notes that the attempted service is contrary to Article 117 of the 1992 Constitution,” the letter noted, adding that the issue is compounded by the recent circular which was “addressed to all registrars of courts” reminding them of the immunity provisions for Members of Parliament.
The Clerk explained that the Speaker had “directed return of the attached processes for [the Court Registrar’s] necessary action.”
