The National Democratic Congress (NDC) MP for South Dayi, Rockson-Nelson Dafeamekpor, has instituted a court action at the Supreme Court to challenge the constitutionality of the continuing stay of metropolitan, municipal and district chief executives (MMDCEs) in office in an acting capacity, eight months into the second term administration of President Akufo-Addo.
According to the writ invoking the original jurisdiction of the Supreme Court, the South Dayi lawmaker is seeking four main reliefs.
He wants “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”.
“A declaration that upon a true and proper interpretation of Article 243(1), the President of the Republic of Ghana cannot direct, instruct or appoint any person to either act or hold office as a Metropolitan, Municipal and District Chief Executive without the prior approval of the Members of the District Assembly to which the said person would be acting or holding office as a Metropolitan, Municipal and District Chief Executive,” the second relief said.
The legislator also wants as his last two reliefs “a further declaration that the Presidential directive dated 11 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” and “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”.
The Akufo-Addo administration is yet to name persons appointed to serve as MMDCEs across all 16 regions of the country.
On 20 August 2021, the director of communications at the Presidency, Eugene Arhin, at the Jubilee House press briefing announced that the process leading to the nomination and appointment of MMDCEs has been completed and sooner rather than later, the President through the Minister for Local Government and Decentralisation, Dan Botwe, will release the list.
The delay in the announcement of MMDCEs appointments has caused considerable anxiety among the rank and file of the ruling New Patriotic Party (NPP).
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