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Supreme Court to deliver judgement on MMDCE’s tenure on March 29

Supreme Court to deliver judgement on MMDCE's tenure on March 29
The Supreme Court of Ghana
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By: Beatrice Oppon

The Supreme Court is to deliver judgment on March 29 on a suit filed by Member of Parlaiment (MP) for South Dayi, Rockson-Nelson Dafeamekpor challenging the constitutionality of the continued stay in office of Metropolitan, Municipal and District Chief Executives (MMDCEs) after the expiration of their tenure.

The Court was expected to make a pronouncement on the issue today but the panel of judges was not properly constituted.

Mr Dafeamekpor averred that it was unconstitutional for President Akufo-Addo to direct the MMDCEs to remain in office in acting capacity following his re-election in 2020.

President Akufo-Addo in a letter dated January 11, 2021 directed MMDCEs to remain at post in acting capacity pending the appointment of new Chief Executives. But, Mr. Dafeamekpor argues that it contravenes the Constitution and wants the Supreme Court to declare those who acted as MMDCEs then as illegitimate and that all actions, including liabilities created in view of they acting as MMDCEs are not binding on the country as they are null and void.

Mr Dafeamekpor also wants a declaration declaring that per Article 246 clause 2 of the Constitution, the President had no power or authority to direct MMDCEs to remain in office in an acting capacity.

He further contended that the President’s directive for the MMDCEs to remain in office in acting capacity is a violation of Article 243 clause 1 of the Constitution.

Judgement on another suit filed by Kwame Baffoe popularly known as Abronye DC also challenging the Constitutionality of paying salaries to spouses of the President and Vice President was adjourned sine die because the panel was not properly constituted.

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