A case challenging the government's decision to allow Metropolitan, Municipal, and District Chief Executives (MMDCEs) to remain in office in an interim capacity has been dismissed by the Supreme Court in a unanimous decision.
Rockson-Nelson Dafeamekpor, the representative for South-Dayi, argued that the government directive was unconstitutional.
At the beginning of his second term, President Akufo-Addo requested that MMDCEs continue to serve in an interim capacity while he conducted consultations regarding substantive appointments.
The legislator's attorneys, directed by Nii Kpakpo Samoa Addo, brought the case to the Supreme Court.
You have no authority to request that DCEs serve in an interim capacity. – MP to Administration
He sought the following remedies:
1.
A declaration that, based on a correct 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, or District Chief Executives to remain in office in an acting capacity.
2
A declaration that the prior approval of the members of the District and Metropolitan Assemblies is a mandatory prerequisite for the President to direct, instruct, or appoint any person to act or hold office as a Metropolitan, Municipal, or District Chief Executive, based on a correct interpretation of Article 243(1) of the Constitution of 1992.
3.
A declaration that the Presidential directive dated 11 January 2021 with reference number SCR/DA 39/314/01 ordering Metropolitan, Municipal, and District Chief Executives to continue in office in an acting capacity violates Articles 243(1) and 246(2) of the 1992 Constitution and is therefore null, void, and without legal effect.
4.
A declaration that all acts, decisions, orders, and regulations enacted by the aforementioned acting District, Municipal, and Metropolitan executives pursuant to the Presidential directive dated January 11, 2021 violate Articles 243(1) and 246(3) of the Constitution of 1992.
A declaration that all public expenses incurred as a result of decisions, acts, or regulations made by the District, Municipal, and Metropolitan Chief Executives in office are unlawful.
6.
A declaration that all agreements or contracts entered into and decisions made by the aforementioned acting District, Municipal, and Metropolitan Chief Executives are unlawful and do not bind the Ghanaian government.