The Supreme Court has fixed March 29, 2023, to deliver judgment on the metropolitan, municipal, and district chief executives (MMDCEs) continuous stay in office in an acting capacity.
The National Democratic Congress (NDC) Member of Parliament (MP) for South Dayi, Rockson-Nelson Dafeamekpor initiated this action to challenge the constitutionality of the status of the MMDCEs.
On August 20, 2021, the director of communications at the Presidency, Eugene Arhin announced that the process leading to the nomination and appointment of MMDCEs had been completed and sooner than later it would be announced.
At the time, it was eight months into the second term of President Akufo-Addo and MMDCEs had still not been elected.
In a writ invoking the original jurisdiction of the Supreme Court, the South Dayi MP is seeking nine reliefs including “a declaration that upon a true and proper interpretation of Article 243(1) and Article 246(2) of the 1992 Constitution, the President of the Republic of Ghana has no power or authority to instruct or direct Metropolitan, Municipal and District Chief Executives to remain in office in an acting capacity.”
In court on Wednesday, February 1, 2023, when the case was called, the presiding judge, Justice Jones Victor Dotse said, the judgement could not be delivered.
“We are sorry we cannot give our judgement today. As you can see, the panel is not properly constituted. We will adjourn to March 29 for judgement,” Justice Jones Dotse remarked.
Further reliefs
The applicant is also seeking the following reliefs;
A declaration that upon a true and proper interpretation of Article 243(1) of the Constitution, 1992, the prior approval of the members of the District and Metropolitan Assemblies is a mandatory pre-condition for the President to direct, instruct or appoint any person to either act or hold office as a Metropolitan, Municipal and District Chief Executive.
A declaration that the Presidential directive dated 11th January, 2021 with reference number SCR/DA 39/314/01 directing Metropolitan, Municipal and District Chief Executives to continue in office in an acting capacity contravenes Articles 243(1) and 246(2) of the 1992 Constitution and is therefore null and void and of no legal effect.
A declaration that all acts, decisions, orders and rules made by the said acting District, Municipal and Metropolitan executives pursuant to the Presidential directive dated the 11th of January, 2021 contravene Articles 243(1) and 246(3) of the Constitution, 1992.
A declaration that all public expenses arising and pursuant to those decisions, acts, orders or rules made by the acting District, Municipal and Metropolitan Chief Executives are unlawful.
A declaration that all agreements or contracts entered into and decisions made by the said acting District, Municipal and Metropolitan Chief Executives are unlawful and same are not binding on the Republic of Ghana.
A declaration that all liabilities or obligations or demands placed on the Republic of Ghana as a result of the acts, decisions, orders, agreements or contracts entered into by the acting District, Municipal and Metropolitan Chiefs Executives during the period of their acting capacity are not binding on the Republic of Ghana.
An order directed at all Metropolitan, Municipal and District Chief Executives continuing in office pursuant the above-mentioned Presidential directive to vacate office with immediate effect.
- Any other Order(s) or Direction(s) that this Honourable Court may deem necessary.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
