Suit challenging MMDCEs stay in office in acting capacity dismissed

A seven-member panel of the Supreme Court has unanimously dismissed the suit challenging the continuous stay in office of metropolitan, municipal, and district chief executives (MMDCEs) in an acting capacity.

The panel chaired by Justice Jones Victor Dotse said all the reliefs being sort by the Plaintiff failed.

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 reason for their decision would be ready by the close of Wednesday, May 3, 2023.

Other members of the panel are Justice Nene Amegatcher, Justice Mariama Owusu, Justice Lovelace Johnson, Justice Prof. Henrietta Mensa-Bonsu, Justice Prof. Nii Ashie Kotey and Chief Justice Nominee, Justice Gertrude Araba Esaaba Torkornoo.

According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, who was at the Supreme Court, the Plaintiff was absent when the judgement was delivered.

Reliefs

The applicant is also seeking the following reliefs;

1. 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.

2. 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.

3. A declaration that all acts, decisions, orders and rules made by the said acting District, Municipal and Metropolitan executives under the Presidential directive dated the 11th of January, 2021 contravene Articles 243(1) and 246(3) of the Constitution, 1992.

4. A declaration that all public expenses arising and under those decisions, acts, orders or rules made by the acting District, Municipal and Metropolitan Chief Executives are unlawful.

5. 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 the same are not binding on the Republic of Ghana.

6. 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.

7. An order directed at all Metropolitan, Municipal and District Chief Executives continuing in office pursuant to the above-mentioned Presidential directive to vacate office with immediate effect.

8.Any other Order(s) or Direction(s) that this Honourable Court may deem necessary.