The Supreme (SC) Court yesterday adjourned to March 29, to deliver judgement on a suit that is against the continuous stay in office by Metropolitan, Municipal and District Chief Executives (MMDCEs), in 2021.
The National Democratic Congress (NDC) Member of Parliament (MP) for South Dayi, Mr Rockson-Nelson Dafeamekpor, is at the court challenging the continuous stay in office of the MMDCEs.
Judgement was due yesterday, but the court presided over by Justice Jones Dotse said the panel was not properly constituted.
In 2021, Mr Dafeamekpor took the Attorney-General to the SC over the continuous stay in office of the MMDCEs, months after their tenure had expired.
The suit sought to invoke the jurisdiction of the Apex 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.
The MP asked the SC for an order directed at all MMDCEs, who were currently in office due to the directive from the President to “vacate office with immediate effect.”
He wanted the 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.
Mr Dafeamekpor is asking the SC t 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,” the suit added.
Mr Dafeamekpor is urging the SC to declare all actions, and public expenses made by the acting MMDCEs as null, void and of no legal effect.
He is further asking 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.
BY MALIK SULEMANA