The Speaker of Parliament has requested the return of a set of court documents served by bailiffs on the Parliamentary Service, citing constitutional immunity under Article 117 of the 1992 Constitution.
The Office of the Speaker communicated the rejection of the documents through an official letter, indicating the Parliamant’s stance on judicial procedures regarding Members of Parliament (MPs).
“The attached processes which were left at the Legal Services Office of the Parliamentary Service by three bailiffs of the Court on Wednesday, 16th October 2024, are hereby returned,” the Speaker noted.
In a statement signed by Deputy Clerk of Parliament, Ebenezer Djietror, the Speaker’s office indicated that the attempt to serve these documents went against established constitutional provisions as well as a recent directive issued by the Judicial Secretary.
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The letter noted that Speaker Bagbin referred to a circular from the Judicial Secretary, Justice Cyra Pamela C.A. Korangteng, dated July 12, 2024, titled “Enforcement of Articles 117 and 118 of the Constitution – Immunity from Service of Process and Arrest.”
“The Rt. Hon. Speaker has directed the return of the attached processes for your necessary action,” the letter concluded, suggesting that the Judiciary take note of the constitutional restrictions regarding the service of court documents to Members of Parliament.
On October 18, the Supreme Court granted a stay of execution on Speaker Alban Bagbin’s ruling that deemed four parliamentary seats vacant.
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As a result, Parliament was directed to acknowledge and permit the four MPs to fully represent their constituencies and perform their official duties.
