Source: newsthemegh.com
The Supreme Court denied Dayi Rockson-Nelson Dafeamekpor’s appeal of the government’s decision to permit Metropolitan, Municipal and District Chief Executives (MMDCEs) to continue serving in their positions in an acting capacity.
On Wednesday, May 3, 2023, a 7-member panel led by Justice Jones Dotse dismissed the case.
The South-Dayi MP had argued that the 1992 Constitution was violated by the government’s decision permitting MMDCEs to hold office in an acting capacity.
At the start of his second term, President Nana Addo Dankwa Akufo-Addo ordered MMDCEs to continue serving in an acting capacity.
This was done to give the President the opportunity to conduct consultations for important appointment-making. The South-Dayi politician, however, filed a lawsuit in response.
A declaration that, according to a true and proper interpretation of Articles 243(1) and 246(2) of the 1992 Constitution, the President of the Republic of Ghana lacks the power or authority to order or direct Metropolitan, Municipal, and District Chief Executives to continue serving in their positions in an acting capacity was one of the reliefs the South-Dayi MP was requesting.
“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, or District Chief Executive.”
A declaration that the Presidential directive dated January 11, 2021, with reference number SCR/DA 39/314/01, directing Metropolitan, Municipal, and District Chief Executives to continue in office in an acting capacity, violates Articles 243(1) and 246(2) of the 1992 Constitution and is, as a result, void and of no legal effect, was what Mr. Dafeamekpor was asking for.
“A declaration that all actions taken by the said acting District, Municipal, and Metropolitan executives in accordance with the Presidential directive dated January 11, 2021, violate Articles 243(1) and 246(3) of the Constitution, 1992; A declaration that all expenses incurred by the government as a result of those decisions, actions, orders, or rules made by the acting District, Municipal, and Metropolitan Chief Executives are illegal.
A declaration that all agreements or contracts entered into and decisions taken by the aforementioned acting district, municipal, and metropolitan chief executives are illegal and are not enforceable against the Republic of Ghana.
Additionally, he asked for a “declaration that the Republic of Ghana is not bound by any liabilities, obligations, or demands resulting from acts, decisions, orders, agreements, or contracts taken by the acting District, Municipal, and Metropolitan Chief Executives during the course of their acting capacities.
“An order directed to all Metropolitan, Municipal, and District Chief Executives continuing in office pursuant to the aforementioned Presidential directive to resign with immediate effect; Any other Order(s) or Direction(s) that this Honourable Court may deem necessary.”