Supreme Court dismisses suit against 'acting’ MMDCEs stay in office
Dafeamekpor, who filed the suit as a private citizen of Ghana, averred that President Akufo-Addo has no constitutional mandate to direct MMDCEs to remain in office in "acting" capacity.
The Supreme Court in a unanimous decision has dismissed a suit by South-Dayi MP, Rockson Dafeamekpor, where he was challenging the power of the President to enable MMDCE's remain in office in an acting capacity.
Delivering its judgment on May 3, 2023, a seven-member panel of the Court, presided over by Justice Jones Dotse noted that it would make its full reasoning available at a much later time.
Mr. Dafeamekpor instituted the court action in 2021, just months after President Akufo-Addo, at the beginning of his second term, directed all MMDCEs to continue to remain in office until new ones were appointed.
Dafeamekpor, who filed the suit as a private citizen of Ghana, averred that President Akufo-Addo has no constitutional mandate to direct MMDCEs to remain in office in "acting" capacity.
He was therefore seeking the following reliefs at the apex court:
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. A declaration that all liabilities or obligations or demands placed on the Republic of Ghana as a result of the acts, decisions, orders, agreements or contracts entered into by the acting District, Municipal and Metropolitan Chiefs Executives during the period of their acting capacity are not binding on the Republic of Ghana.
8. An order directed at all Metropolitan, Municipal and District Chief Executives continuing in office pursuant to the above-mentioned Presidential directive to vacate office with immediate effect.
9. Any other Order(s) or Direction(s) that this Honourable Court may deem necessary.
