Former Gomoa West MP, Alexander Abban has criticised Speaker of Parliament, Alban Bagbin for rejecting a Supreme Court writ served on October 15, 2024, claiming it was an improper use of Article 117 of the Constitution.
Mr Abban argued that the Speaker’s actions seemed to exploit the article’s protections in a way that deviates from its intended purpose.
He clarified that Article 117 is meant to shield the Speaker, MPs, and the Clerk of Parliament from being served with legal processes while they are attending parliamentary proceedings, a safeguard intended by the Constitution’s framers to ensure that democratic processes are not disrupted.
He noted that this protection was established to maintain the smooth functioning of Parliament without interference.
However, Mr Abban contended that this provision was not designed to defend actions that may be seen as “mischievous” within Parliament.
He suggested that using Article 117 as a shield against accountability might stretch its intended purpose, potentially compromising the transparency expected of parliamentary proceedings.
In an interview on Saturday, November 2, Abban emphasised that Article 117 should not be invoked to prevent checks and balances within government.
He expressed concern that its current interpretation could be undermining the spirit of accountability that the framers intended, calling for a more balanced approach to applying this constitutional protection.
“I think this provision was given by the framers of the constitution to prevent parliament from unnecessary distractions. As they continue to do their work all in federacy of the expansion or deepening of our democracy, that to me was a shield to protect Parliament.”
“But when parliament’s own actions or inactions are brought to bear or are under question should we still apply this, was that the mischief the framers of the Constitution wanted to cure? So it appears to me that what was given as a shield was immediately turned into a sword by the speaker to pierce the very heart of democracy. So to me the things that have happened I think the Supreme Court was right.”
