By Puntland Post Legal Correspondent.
The decision to fire the former Puntland Central Bank Governor, Abdi Ismail Boos, has created constitutional controversy about the termination of his term in office. Section 3 of Article 111 in Puntland Constitution states: “Puntland Government can appoint and legally fire the Governor of the Central Bank. Puntland Parliament will endorse the appointment …[or] firing of the Central Bank Governor.” Given the phrasing of article 111, both Puntland Government and the “former” Central Bank Governor can utulise conflicting interpretations of the article. The Somali verb corresponding with the English verb — to endorse — is ansixi.
The verb in context smacks of a body whose duty is to rubber-stamp executive decisions. While the article implicitly states that the nature of the appointment is political, drafters unnecessarily added a contradictory sentence to it to allow for opposing interpretations.
If Puntland Parliament, viewed by many as a subordinate to the executive, boldly puts the firing of the Central Bank Governor to a vote by MPs, a new showdown between President Said Deni and Puntland Parliamentary Speaker is likely to erupt. If the Parliamentary speaker interprets ansixi as agreeing to government’s decision to fire the Puntland Central Bank Governor, Puntland Government will be able press ahead with reforms in its programme. There is a possibility that Puntland Supreme Court might settle an argument on interpreting Puntland Constitution.
© Puntland Post, 2020