Supreme Court throws out case against DCEs holding office in acting capacity

The Supreme Court has, in a unanimous decision, dismissed a case challenging government’s decision to permit Metropolitan, Municipal and District Chief Executives (MMDCE’s) to remain in office in an acting capacity.

Member of Parliament for South-Dayi, Rockson-Nelson Dafeamekpor, had contended that Government’s directive was contrary to the constitution.

President Akufo-Addo, at the commencement of his second term, asked MMDCEs to remain in office in an acting capacity as he undertook consultations towards making substantive appointments.

The legislator through his lawyers led by Nii Kpakpo Samoa Addo took the matter to the Apex Court.

‘You’ve no power to ask DCEs to hold office in acting capacity’ – MP to Government

He was seeking the following reliefs;

1.

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.

2.

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.

3.

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.

4.

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

5.

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

6.

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 same are not binding on the Republic of Ghana.

7.