The Member of Parliament for South Dayi in the Volta Region, Hon. Rockson Nelson Dafeamekpor, has dragged the government to court over President Akufo-Addo’s strange improvisation in the matter of the requirement to appoint Metropolitan, Municipal and District Chief Executives into office.
In a writ filed by his lawyers, Hon. Dafeamekpor asks the Supreme Court to rule that the President’s directive for MMDAs to remain in office in acting capacity is unlawful.
And because it is unlawful, all activities of the acting MMDCEs, including decisions and costs incurred from their administration are baseless and cannot be charged on the State.
Reliefs that he seeks include; “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 “
And also, “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.”
It has been 8 months since President Akufo-Addo won a second term in office, but for not very well-known reasons, the President has not yet appointed MMDCEs.
The South Dayi MP, notes that appointment of MMDCEs is an important responsibility of the President and is therefore seeking 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.”
He also wants the court to direct all the MMDCEs to vacate their posts as their occupancy is unlawful.
The rest of the reliefs sought are; “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.”
He also wants “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.