The National Democratic Congress (NDC) Member of Parliament (MP) for South Dayi, Mr Rockson-Nelson Dafeamekpor, has filed a case at the Supreme Court challenging metropolitan, municipal and district chief executives (MMDCEs) continuous stay in office almost eight months after their tenure expired.
The suit which is against the Attorney-General (A-G) is invoking the jurisdiction of the Supreme Court to interpret the 1992 Constitution.
It avers that it is unconstitutional for President Nana Addo Dankwa Akufo-Addo to direct the MMDCEs to remain in office in acting capacity.
The NDC MP is using the suit to seek an order from the Supreme Court directed at all MMDCEs who are currently in office due to the directive from the President to “vacate office with immediate effect.”
He is asking the apex court to declare that per Article 246 (2) of the 1992 Constitution, the President has no power or authority to direct MMDCEs “to remain in office in an acting capacity.”
Article 246 (2) of the 1992 Constitution stipulates that the term of office of MMDCEs “shall be for four years; and a person shall not hold office for more than two consecutive terms.”
Also, it is his case that apart from the term of office, per Article 243 (1) of the 1992 Constitution, it is prerequisite for all MMDCEs to be approved by members of the assemblies before they can hold themselves as MMDCEs.
He is therefore asking the Supreme Court to declare the President’s directive for the MMMDCEs to be in office in acting capacity as a violation of Article 243 (1) of the 1992 Constitution.
“A declaration that the Presidential directive dated January 11, 2021 directing MMDCEs to continue in office in an acting capacity contravenes Articles 243 (1) and 246 (2) of the 1992 Constitution and is therefore null, void and of no legal effect,” his suit added.
In view of his position on the law, the MP is therefore urging the highest court of the land to declare all actions, and public expenses made by the acting MMDCEs as null, void and of no legal effect.
He is further urging the court to rule that all actions, including liabilities created by the acting MMDCEs are not binding on the Republic of Ghana , as they are null and void.
Appointment of MMDCEs
The legal action by Mr Dafeamekpor is basically asking the Supreme Court to declare all those acting as MMDCEs as illegitimate.
It is case of the MP that per the 1992 Constitution, there is no position recognised as acting MMDCEs, and therefore it is unconstitutional for the President to create such positions.
The suit is on the heels of many concerns raised by the rank and file of the ruling New Patriotic Party (NPP) over the President’s perceived feet dragging in the appointment of MMDCEs almost eight months after he was sworn into office for his second term.
The long selection process ranging from vetting and interviews had been completed by the team tasked by the President.
What is left is for President Akufo-Addo to announce those he had chosen to be the MMDCEs.