No arm of government completely independent under 1992 Constitution –Lawyer Tells Speaker Bagbin

A former Member of Parliament for Offinso South in the Ashanti Region and a private legal practitioner, Mr. Ben Abdallah Banda, has advised Speaker of Parliament Alban Bagbin to temper his concerns regarding the perceived erosion of parliamentary authority.

According to Mr. Banda, under Ghana’s 1992 Constitution, no branch of government—the Executive, Legislature, or Judiciary—is entirely independent.

Mr. Banda’s remarks came in response to comments made by Speaker Bagbin at a press conference on Wednesday, November 6, 2024.

The Speaker had accused the Executive and Judiciary of colluding to undermine Parliament’s authority.

In his view, this encroachment threatens the sanctity of the legislative branch.

Mr. Banda, however, argued that the Constitution clearly defines the interdependent nature of the three arms of government.

“Each branch has oversight over the others,” he noted.

He further explained that Members of Parliament who serve in government often defend Executive policies within the Legislature, underscoring this built-in balance.

He also pointed out that the Executive is responsible for approving the annual budgets of both Parliament and the Judiciary, further highlighting the interwoven roles of each branch.

“The system of checks and balances ensures that no arm operates in total independence,” he said.

Mr. Banda, who previously served on the Constitutional and Legal Affairs Committee of Parliament, emphasized that this interdependence is foundational to the Constitution, and any concerns over autonomy should be viewed within this framework.

Speaking on Accra 100.5 FM’s Ghana Yensom Morning Show with Kayire Kwesi Appea-Apreku on Thursday, November 7, 2024, he called on the Speaker to align with the spirit of the Constitution, acknowledging that the structure is designed to prevent absolute independence among government branches.  Source: Classfmonline.com