Hon. Clement Abas Apaak, MP for Builsa South, has endorsed the Speaker’s decision to reject the Supreme Court’s ruling on vacant parliamentary seats, describing it as a crucial step in upholding the independence of the legislature.
Apaak commended Rt. Hon. ASK Bagbin for his firm stance, highlighting the Speaker’s dedication to defending Parliament’s authority and integrity amidst growing judicial interventions.
He emphasized the importance of maintaining the separation of powers to ensure that Parliament remains a strong, independent institution in the governance of Ghana.
“The Speaker is the head of the institution of Parliament, and it should not matter who the Speaker is nor his political leanings, he deserves the same treatment as his predecessors”.
Hon. Clement Abas Apaak
Hon. Clement Abas Apaak further emphasized that the Supreme Court should be mindful of the increasingly negative perceptions Ghanaians are developing about its conduct, especially during these sensitive times in the nation’s history.
He highlighted that actions perceived as judicial overreach could erode public confidence in the judiciary, which is a fundamental pillar of democracy.
According to Apaak, maintaining public trust requires the judiciary to act with heightened impartiality and sensitivity, as any perceived bias or interference could deepen the nation’s political divide and weaken democratic governance.
Accordingly, the Builsa South MP called on well-meaning Ghanaians to rally behind the Speaker in advocating for accountability and integrity across all arms of government.
He emphasized that in these challenging times, it is crucial for each branch—executive, legislative, and judiciary—to respect the boundaries of its authority and fulfill its duties with transparency and responsibility.
Hon. Apaak argued that by doing so Ghana can strengthen its democratic foundations and maintain the trust of its citizens in state institutions.
Speaker Claims Writ Service Violates Parliamentary Immunity
Meanwhile, in a formal statement directed to the Supreme Court and signed by Ebenezer Ahumah Djietror, Deputy Clerk of Parliament, the Speaker contended that the attempted service of the court’s writ infringes upon Article 117 of the 1992 Constitution.
This article provides immunity for members of Parliament from service of court processes while performing their official duties.
The Speaker further referenced a circular issued by Justice Cyra Pamela C.A. Korangteng (JA), the Judicial Secretary, which underscored the enforcement of Articles 117 and 118 concerning immunity from service of process and arrest.
Dated 12th July 2024 and marked with reference number SCR9, this circular was addressed to all registrars of the courts and copied to the Honourable Lady Chief Justice, reinforcing the constitutional protection of parliamentary privileges.
The Speaker argued that any attempt to circumvent this constitutional provision not only undermines Parliament’s authority but also disrupts the balance of power among Ghana’s governmental institutions.
“I am directed by Rt. Hon. Alban Sumana Kingsford Bagbin, Speaker of Parliament, to return the attached processes which was left at the Legal Services Office of the Parliamentary Service, by three (3) bailiffs of the Court on Wednesday, 16th October 2024. Attempts were made to serve the same processes on Tuesday, 15th October 2024”.
Ebenezer Ahumah Djietror
Consequently, the statement submitted to the Supreme Court conveyed that the Rt. Hon. Speaker has instructed that the attached court documents be returned to the Court for necessary action.
This directive, according to the Speaker, serves as a reminder of the constitutional protections afforded to Parliament and its members, emphasizing the importance of respecting parliamentary immunity as outlined in Articles 117 and 118 of the 1992 Constitution.
Accordingly, the Speaker reinforced his commitment to upholding the independence of Parliament and ensuring that all branches of government operate within their constitutional boundaries.
The ruling NPP argued that the Speaker’s decision to suspend Parliament proceedings could harm the economy, accusing him of colluding with the opposition NDC to undermine the country’s democratic stability.
