AG dragged to Supreme Court over old MMDCEs’ continuous stay in office

Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has sued the Attorney-General for the continuous stay in office of Metropolitan, Municipal and District Chief of Executives (MMDCEs) whose tenure of office has expired and are there in acting capacities.

It is the case of the South Dayi MP that upon the true and proper interpretation of Articles 243(1) and 243(2) of the Constitution of Ghana, 1992, the president has no power or authority to instruct Metropolitan and Municipal District Chief Executives to remain in office.

He argues that, in law, the prior approval of the members of the District and Metropolitan Assemblies is a mandatory pre-condition for the direct, instruct or appoint any person to act or hold office as MMDCE.

It is recalled that upon the expiration of the tenure of office of the MMDCEs, President Akufo-Addo directed by a January 11 letter that they continue to act.  It has been 8 months now and new MMDCEs have not been appointed yet. This, the South Dayi MP contends contravenes Articles 243(1) and 243(2) of the Constitution.

He wants the court to declare all acts, decisions, orders and rules made by these “acting MMDCEs”, as well as all public expenses arising from their acts, decisions, orders and rules, as unlawful.

The MP also wants a declaration to be made to the effect that all agreements or contracts entered into by these MMDCEs in their acting capacities are not binding on the Republic of Ghana.