A case contesting the government’s decision to allow Metropolitan, Municipal and District Chief Executives (MMDCE‘s) to continue serving in their positions in an acting capacity has been dismissed by the Supreme Court in a unanimous ruling.
The government’s directive, according to South-Dayi’s representative in parliament, Rockson-Nelson Dafeamekpor, is unconstitutional.
At the start of his second term, President Akufo-Addo invited MMDCEs to serve in an acting capacity while he conducted consultations in order to make permanent appointments.
The lawmaker brought the case to the Supreme Court with the help of his attorneys, who included Nii Kpakpo Samoa Addo.
He sought 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. 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.
But the seven-member panel presided over by Justice Jones Dotse on Wednesday, May 3, 2023 ruled that the case was without merit.
The court stated that its full reasoning will be made available in the coming days.
Other panel members are Justices Nene Amegatcher, Mariama Owusu, Lovelace Johnson, Henrietta Mensah Bonsu, Gertrude Torkonoo and Prof Mensah Bonsu.
Meanwhile, Gertrude Torkonoo has been appointed by President Akufo-Addo as the new Chief Justice.
The president wrote to the Speaker of Parliament, Alban Bagbin, calling for the swift approval of Justice Josephine Torkornoo as Chief Justice of Ghana.
The president emphasised the urgency of filling the position without delay and noted that the approval process should not hinder the timely dispensation of justice.
Justice Torkornoo has had a long and illustrious career in the legal profession, serving as a Judge in the High Court and the Court of Appeal before being elevated to the Supreme Court in 2019.
Her nomination has been widely welcomed by the legal fraternity in Ghana, with many praising her as an experienced and competent jurist.