High court dismisses case against siting of Kukurantumi as capital of Abuakwa North

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Mon, 28 May 2018 Source: www.ghanaweb.com

A high court in Koforidua has dismissed an application seeking to prevent government from inaugurating the newly created Abuakwa north municipal assembly.

Two citizens of Tafo, Adjei Boateng and Kwame Addo Sarpong prayed the high court to stop the President from making Kukurantumi the capital of Abuakwa north municipal.

The plaintiffs contend that, Akyem Tafo is more qualified as a municipal capital than Kukurantumi considering the number of governance offices and infrastructure at Akyem Tafo.

In the affidavit filed in response to injunction and statement of case by the plaintiffs, the respondents vehemently opposed claims that the choice of Kukurantumi as the Municipal capital was wrongfully done.

The respondents also said the applicants action has been done in bad faith because they failed to raise their concerns and waited until the eve of the inauguration of the Assembly.

Also, the respondents contend that the presumption of regularity of law passed by parliament and for that matter requirements of section 1(4) of Act 936 and Article 11(7) of the 1992 constitution were met and the Choice of Kukurantumi as Principal Office ofAbuakwa North Municipal Assembly cannot be challenged adding that the Choice of Kukurantumi as Principal office of the Assembly does not infringe article 296 of the constitution as suggested by the applicants.

The judge referring to the local government act ,act 936 section 14 (b) ,Justice Benson said the law does not restrain the president from choosing a district, municipal and metropolitan assembly.

Scores of residents of Tafo who besieged the court premises were disappointed after the judge described their case as frivolous and vexatious,awarding a cost of GHc12,000 against the plaintiffs.

Meanwhile, one of the plaintiffs of the case, Kwame Addo Sarpong who expressed dissatisfaction with the judge's ruling says they will meet their lawyers to decide on the next line of action to take.

Today's ruling gives the local government ministry the go ahead to inaugurate the newly created Abuakwa north district assembly.

Source: www.ghanaweb.com