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Political machinations seasons

Once again it is time for appointment and confirmation of district chief executives and our political hypocrisy is at play.  We purport to operate an apolitical non-partisan local government system, yet the process is enmeshed in intense partisanship. Party leaders are the ones who openly boast of who becomes or does not become a district chief executive.

Beyond the fundamentalist partisan influence and lobbying, our governments have not demonstrated any keen interest in ensuring that the assemblies become functionally independent as the highest political authority in the district with deliberative, legislative and executive powers.

The Constitution, legislation and regulations guiding the process of appointment and confirmation of DCEs, provide that they be confirmed by not less than two-thirds majority of members of the assembly present and voting at the meeting. This means that once a quorum is formed, the DCE can easily be elected, unlike the presiding member who requires not less than two-thirds of all the members of the assembly.

Despite the fact that the election of the DCE is easier than that of the PM, it is only when the assembly proves difficult in endorsing the President’s nominee as DCE that government appointees to the assemblies are removed and replaced with loyalist and pliable ones.

Again, in the instances that the rules have been broken in the reappointment of an otherwise rejected nominee, it is for a DCE, never a presiding member.

The rules require that nominees get two-thirds majority of members at the meeting to be confirmed.  Where the nominee fails to get 50 per cent, that nominee is to be withdrawn.  However, if the nominee gets above 50 per cent but less than the two-thirds, then a second round is to be organised after which if he does not secure the legal limit, that nominee must be withdrawn.

However, both Flt Lt Rawlings and Prof. John Evans Atta Mills stabbed Ghanaians when they subverted the rules to reappoint persons who had failed to pass the test of the law.  In the case of Flt Lt Rawlings, after Nana Akwasi Agyeman had been lawfully rejected, machinations occurred where some assembly members called for his re-nomination and contrary to the law, he was reappointed and subsequently confirmed as Chief Executive of the Kumasi Metropolitan Assembly.  With Prof. Mills, several such illegalities took place including that of Shama.

Besides reappointment of otherwise rejected nominees, under all the three past Presidents; Flt Lt Rawlings, Prof. Mills and Mr J. A. Kufuor, government appointees who proved unyielding in the confirmation process, were removed, some, minutes from when the confirmation processes were to take place.

Compared against presiding members, there has not been anytime that appointees to the assemblies have been withdrawn for rejecting presiding members, some of whom proved capable.  Thus, such manipulations have been undertaken not for the interest of enhancing the independence, authority and functionality of the assemblies, but to emphasise the domineering presence of the President at the district assembly.

The signs are there, already under President John Dramani Mahama, the mandate of some of the government appointees have been revoked. Some appointees for chief executive have failed to secure the required 50 per cent, while others are waiting for the second ballot.

It has become imperative to appeal to Ghanaians, particularly President Mahama and the Minister of Local Government, Mr Akwasi Oppong Fosu, not to go against the rules governing the confirmation of DCEs. Whilst the act of removing government appointees is not unlawful per se, it does not give an example of a people and a government keen about strengthening the capacity and independence of the assemblies.

On the other hand, the reappointment of persons otherwise rejected under the law and the regulations is unlawful and cannot support any assertion of constitutionalism, the rule of law and good governance.

The point is, if Ghanaians would not permit, allow or approve that any candidate who has not obtained the required more than 50 per cent of the votes cast in a presidential election to assume the office of President, nor allow any President to serve more than two terms in that position, then it is criminal for our governments to reappoint those who have failed the legal litmus test for reconfirmation as district chief executive to be voted upon outside the required number of times.

Flowing from this, there is the need for the government to contain, halt and deal firmly with the lawlessness associated with the processes of confirming district chief executives.  Those claims that nominees pay huge sums to the assembly members must not be allowed to pass.  They should be investigated as part of efforts to deal with corruption and corruptible practices.

Equally, the concomitant violence, some instigated by nominees must be investigated and dealt with.  These cannot be considered internal party affairs.  The machinations are so defused and must be halted.

By Yaw Boadu Ayeboafoh/Ghana

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