The National Democratic Congress (NDC) Member of Parliament (MP) for South Dayi, Mr Rockson-Nelson Dafeamekpor, has asked 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.
The MP filed a case at the Supreme Court challenging the President’s directive which allows all MMDCEs to 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.
Reliefs Mr. Dafeamekpor is seeking include 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.
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.
