The Member of Parliament (MP) for South Dayi, Rockson-Nelson Dafeamekpor, has gone to the Supreme Court to challenge the constitutionality of the directive to allow current chief executives of various metropolitan, municipal, and district chief executives (MMDCEs) to serve in an interim capacity.
The MP in his writ is seeking four main reliefs against the directive by the President Nana Addo.
The MP is seeking “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”.
“A declaration that upon a true and proper interpretation of Article 243 (1), the President of the Republic of Ghana cannot direct, instruct, or appoint any person to either act or hold office as a Metropolitan, Municipal and District Chief Executive without the prior approval of the Members of the District Assembly to which the said person would be acting or holding office as a Metropolitan, Municipal and District Chief Executive” the second relief stated on the document submitted to the Supreme Court.
He also is asking the apex court to “further declaration that the Presidential directive dated 11 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”.
The fourth relief the legislator is seeking has to do with “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”.
