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NewsParliament's letter ordering return of Supreme Court's writ on vacant parliamentary seats

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Parliament’s letter ordering return of Supreme Court’s writ on vacant parliamentary seats

Speaker Alban Bagbin has rejected writs served on Parliament by the Supreme Court to halt the removal of four legislators who have decided to contest the 2024 general elections as independent candidates.

The apex court instructed Bagbin to stay the execution of declaring four parliamentary seats held by Andrew Asiamah Amoako (Independent, Fomena Constituency), Cynthia Morrison (NPP, Agona West Constituency), Peter Yaw Kwakye-Ackah (NDC, Amenfi Central Constituency), Kwadjo Asante (NPP, Suhum Constituency) after an application from New Patriotic Party (NPP) leader of the House, Alexander Afenyo-Markin, who challenged the Speaker’s ruling.

The Speaker has directed that the documents be returned to the Supreme Court, noting that “the attempted service is contrary to Article 117 of the 1992 Constitution” and contravenes the circular issued by “Her Ladyship Justice Cyra Pamela C.A. 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 12th July 2024 addressed to all registrars of courts.”

This information was communicated by Deputy Clerk Ebenezer Ahumah Djietror in a letter that read “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.”

On October 17, Speaker Alban Bagbin declared four parliamentary seats vacant in accordance with Article 97(g) and (h) of the 1992 Constitution prompting a change in the composition of the Majority and Minority sides of the House. The National Democratic Congress (NDC) Members of Parliament assumed the Majority position with 136 legislators and the New Patriotic Party (NPP) became the Minority with 135 lawmakers.

However, both sides of the House are clinging to the Majority position amid the controversy. On October 22, Speaker Alban Bagbin adjourned Parliament indefinitely.

The New Patriotic Party Caucus in Parliament has submitted a formal memo to the Speaker, Alban Bagbin, calling for an urgent meeting of the House in accordance with Article 112(3) of the 1992 Constitution and Order 53 of the Standing Orders of Parliament

The NPP MPs want government businesses such as tax exemptions for eligible beneficiaries under the One District, One Factory Programme and the approval of the Ghana Financial Stability Fund, a $250 million facility from the International Development Association to be discussed and acted upon.

Additionally, the Caucus outlined several bills for deliberation, such as the Environmental Protection Agency Bill, 2024, the Social Protection Bill, 2023, the Customs (Amendment) Bill, 2024, the Budget Bill, 2023, the Ghana Boundary Commission Bill, 2023, and the Intestate Succession Bill, 2022.

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