Speaker of Parliament, Rt. Hon. Alban S.K. Bagbin, has stated that he is not clothed with the legal basis to make any pronouncements on the Assin North Constituency parliamentary election.
He indicated he cannot, therefore, declare a vacancy in the House pursuant to the 1992 Constitution and Standing Orders of Parliament in respect of the Assin North Constituency.
The Speaker’s declaration followed a Declaratory Order from the High Court, Cape Coast in the matter of the Election Petition of Michael Ankomah-Nimfah vrs. James Quayson, MP for the Assin North, which was served on the Clerk to Parliament on the 31st of August, 2021.
A response issued by the Clerk to Parliament and addressed to the Registrar General stated that prior to the receipt of this process, the Speaker had received certified true copies of documents from the lawyers of the Assin North MP, filed in respect of an appeal against the judgment of the High Court, Cape Coast and an application for the Stay of Execution of the said judgment of the High Court, Cape Coast.
“That, on the face of the certified true copies received by Mr. Speaker, the matter in question is still sub judice and has thus not been concluded by the Courts with competent jurisdiction on the matter.”
“That in the circumstances, Mr. Speaker is not clothed with the legal basis to make a pronouncement on the matter and can thus not declare the occurrence of a vacancy in the House pursuant to the 1992 Constitution and the Standing Orders of the House,” it said.
The letter directed the Registrar to take note of the provisions of article 117 of the 1992 Constitution with regards to the service of processes coming from any court or place out of Parliament on the Speaker, or a member or the Clerk to Parliament, and also the circular from His Lordship the Chief Justice dated 22nd February, 2021 titled “Enforcement of Articles 117 and 118 of the Constitution- Immunity from Service of Process and Arrest’.
“Mr. Speaker further noted in his Formal Communication on the matter on the 9th June 2021 that “when Parliament is on recess and a Speaker, Member of Parliament or Clerk to Parliament is in the precincts of Parliament, there is a presumption that the Speaker, Member of Parliament or Clerk to Parliament is attending to the business of Parliament, and cannot be served a process within the precincts of Parliament.”
The Speaker admonished Court Registrars and bailiffs that the constitutional provisions, the circular from His Lordship the Chief Justice and his Formal Communication on the enforcement of articles 117 and 118 be respected and complied with to ensure the mutual respect and balance of the Legislature and judiciary as Arms of Government.
Read a copy of the letter below:
