Supreme Court Dismisses Suit Challenging Acting Capacity Of MMDCEs

The Supreme Court has dismissed a case challenging the government’s decision to permit Metropolitan, Municipal and District Chief Executives (MMDCEs) to remain in office in an acting capacity.

The case filed by Member of Parliament (MP) for South-Dayi, Rockson-Nelson Dafeamekpor, argued that the continuous stay of the MMDCEs in an acting capacity was contrary to the constitution.

He, therefore, sought the apex court’s intervention on the matter.

The case sought several reliefs, including a declaration that President Akufo-Addo had no power or authority to instruct or direct MMDCEs to remain in office in an acting capacity and that prior approval of members of the District and Metropolitan Assemblies was a mandatory pre-condition for the President to direct or appoint any person to act or hold office as an MMDCE.

But, the apex court, in a unanimous decision, has upheld the government’s decision to retain MMDCEs in an acting capacity.

A seven-member panel presided over by Justice Jones Dotse dismissed the case on Wednesday, May 3, 2023.

The court did not provide detailed reasoning for the dismissal but said it would be made available in the coming days.

Other panel members included Justices Nene Amegatcher, Mariama Owusu, Lovelace Johnson, Professor Henrietta Mensah Bonsu, Prof. Nii Ashie Kotey and Chief Justice Nominee Gertrude Torkonoo.

The government’s directive remains in effect, allowing MMDCEs to continue in office in an acting capacity until substantive appointments are made.