You can be served on any day – Supreme Court chides Speaker Bagbin

The Chief Justice, Justice Gertrude Torkornoo, has chastised the Speaker of Parliament, Alban Bagbin, over his rejection of the writ and injunction served on him on October 15, 2024, regarding the declaration of four seats in the House vacant.

Reading the judgement of the court on the application filed by the Speaker, that challenged the court’s order for a stay of the declaration in the matter, on Wednesday, October 30, 2024, the Chief Justice rejected Bagbin’s claim that he can only be served on Mondays.

She indicated that the Speaker was misconstruing a circular on service to his office, which states that he can only be served personally on Mondays but through the legal department of Parliament, it can be done on any day.

“The official records of Parliament for 17th October 2024 were placed before the Supreme Court as an exhibit. The record shows that the processes of court had been served through the legal department of Parliament and this had been brought to the notice of the Speaker. He bantered extensively on this information with the plaintiff on the floor of Parliament and the Speaker’s only reason for choosing to quarrel with the summons from the Supreme Court, an application for an injunction to restrain him from ruling on a matter premised on the interpretation of Article 97(1)(G), was that as Speaker he was only supposed to be served with court processes on Monday.

“This is an unfortunate interpretation of the first column of the circular referred to because this circular provides for the Speaker of Parliament to be served personally on Mondays and through the legal department of Parliament on any day,” she said.

She added, “But whatever interpretation of the circular that the Speaker chose to put on how he was to be served, the Supreme Court is satisfied that the Speaker was well served with notice of the action that had been started on 15th October 2024 and seeking the correct interpretation of Article 97(1)(G) of the Constitution.”

The Chief Justice indicated that the Speaker should not have gone ahead to declare the four seats vacant as the injunction filed against it was well served to him.

“He was well served before he delivered his ruling on 17th October 2024 that would lead to the circumstances enumerated herein. And the Supreme Court carries the constitutional obligation to give the correct interpretation of Article 97(1)(G) for its enforcement if need be, by the High Court or any person that the interpretation comes to. Hence the scope of the orders made to stay enforcement of the Speaker’s interpretation of Article 97(1)(G),” she added.

What Speaker Bagbin said:

Speaker Alban Bagbin on October 17, 2024, before declaring the four seats vacant, indicated the writ and injunction from the Supreme Court had not been properly served on him when the matter was raised by the leader of the New Patriotic Party (NPP) Member of Parliament, Alexander Kwamina Afenyo-Markin.

He said that there was an arrangement with the Supreme Court that he can only be served on Mondays.

Subsequently, a letter from Parliament to the Supreme Court indicated that the Speaker rejected the service of a writ of the court.

The said letter, which was issued by a Deputy Clerk of Parliament, Ebenezer Ahumah Djietror, indicated that the Speaker has directed that the writ be sent back to the apex court of the land.

The letter indicated that the writ left by the bailiff who attempted to serve the Speaker on Tuesday, October 15, 2024, was contrary to Article 117 of the 1992 Constitution of Ghana.

“I am directed by Rt. Hon. Alban Sumana Kingsford Bagbin, Speaker of Parliament, to return the attached processes which were left at the Legal Services Office of the Parliamentary Service, by three (3) bailiffs of the Court on Wednesday, 16 October 2024. Attempts were made to serve the same processes on Tuesday, 15 October 2024.

“The Rt. Hon. Speaker notes that the attempted service is contrary to Article 117 of the 1992 Constitution and the circular issued by Her Ladyship Justice Cyra Pamela CA. Korangteng (JA), the Judicial Secretary, and copied to the Honourable Lady Chief Justice, with reference number SCR9, entitled ‘Enforcement of articles 117 and 118 of the constitution-Immunity from service of process and arrest’ dated 12 July 2024 addressed to all registrars of courts,” part of the letter reads.

The letter concluded, “Consequently, the Rt. Hon. Speaker has directed the return of the attached processes for your necessary action.”

Watch videos of the remarks of the Chief Justice and the Speaker below:

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