Former chair of the Constitutional and Legal Affairs Committee of the seventh parliament, Mr. Ben Abdallah has argued that the separate petitions from Dr. Kwabena Duffour and Mr. Kofi Amoabeng over the collapse of their banks are legitimate, but a clash with the ongoing court cases.
Speaking on Frontline on Rainbow Radio 87.5Fm, he said technically, the former owners of defunct UT Bank and uniBank have every right to petition parliament, but within context, the cases are in court, hence the work of parliament could conflict with the judiciary.
He explained that the judiciary and legislature are two independent bodies, and when it comes to the judiciary, parliament has no say.
He argued when the two bodies probe the same matter, and both come out with different outcome, that of the judiciary would be superior.
Mr. Ben Abdallah said: "the judiciary is an arm of government and independent on its own, parliament is an arm of government, independent on its own. When the judiciary rules on a matter, parliament has no say. When the judiciary rules on a matter and parliament also arrive at a different conclusion, on the same subject matter, that of the judiciary is superior”.
He said the judiciary is clothed with the administration of justice, and that role can not be taken by parliament.
He stressed there would be a clash of institutions on the same subject matter.
He said it was based on this reason, the Majority Leader Osei Kyei Osei Mensah-Bonsu raised issues with the directive by the Speaker for parliament to probe the matter.