Lawyers for Speaker of Parliament Alban Bagbin have appealed to the Supreme Court, seeking to overturn its ruling that paused his declaration of four parliamentary seats as vacant.
The Speaker’s legal team argues that the Court lacks jurisdiction over the case filed by Effutu MP Alexander Afenyo-Markin. Parliament has also officially informed the Chief Justice, rejecting the lawsuit’s request for an interpretation of Article 97(1) of the 1992 Constitution.
In a statement, Deputy Clerk of Parliament cited the Speaker’s stance that the suit, served by three bailiffs on September 16, 2024, violated Article 117, which prohibits court processes on Parliament members or the Clerk during parliamentary proceedings.
Speaker Bagbin contended the bailiffs’ actions contravened a Judicial Secretary circular upholding Article 117’s enforcement to protect MPs from legal actions during official duties.
Parliament’s leadership criticized this development, warning that it threatens the independence and sanctity of Parliament and reaffirming its commitment to the constitutional protections around parliamentary procedures.
On October 18, the Supreme Court issued a stay on Speaker Bagbin’s decision, directing Parliament to allow the MPs affected to resume duties until a final ruling is made. This stay extends indefinitely, overriding an earlier request for a 10-day period, following an application by Majority Leader Alexander Afenyo-Markin.
A panel of Supreme Court justices, led by Chief Justice Gertrude Torkonoo, is reviewing the case.
Amidst rising tensions on October 22, Speaker Bagbin adjourned the House session after National Democratic Congress (NDC) MPs took the Majority side following a walkout by New Patriotic Party (NPP) MPs, sparking disputes over majority status.