The Assembly Member for Anlo Afiadenyigba Dziehe-Ablame Electoral Area in the Volta Region, Gilbert Korbla Keklie has called on the Chief of Staff at the Jubilee House, Akosua Frema Osei-Opare to withdraw a communique that required all MMDCEs to remain at post otherwise be contested in court.
According to him, the directive is not backed by Article 243(3) of the 1992 constitution of the Republic of Ghana and Section 14(5) of the Presidential (Transition) Act, Act 845(2012) as quoted in the directive.
In a statement copied to the Awake News, Mr. Keklie said, “For the avoidance of doubts, Article 243(3) of the 1992 constitution of the Republic of Ghana stipulates that ‘The office of the District Chief Executive shall become vacant if’- a vote of no confidence, supported by the votes of not less than two-thirds of all members of the District Assembly is passed against him; or he is removed from office by the President, or he resigns or dies”.
Adding that, according to the Presidential Transition Act, 845 (2012), with Section 14(5) stipulating that: “before the assumption of office of the incoming Minister, a person so appointed by the President shall be in charge of the relevant Ministry but shall not take a decision involving a policy issue except in the Ministry of Justice where the Solicitor-General shall be in charge of the Ministry.“ This means MMDCEs do not fall under this provision”.
Gilbert Korbla Keklie remarks follow a letter issued by the Chief of Staff at the Jubilee House, urging all Metropolitan, Municipal and District Chief Executives (MMDCEs) in Ghana to remain at post until further notice expounding that the directives are in accordance with Article 234(3) of the 1992 Constitution of the Republic of Ghana.
The vociferous and anti-corruption crusader lamented that Section 14(1&2) of the Presidential (Transition) Act, Act 845(2012) stipulates that; ‘On the assumption of the person elected as President, a person holding any of the offices specified in the Schedule shall cease to hold that office, and shall be paid the relevant retirement benefits and the enjoyment of facilities as provided by law.
Citing, ‘the functions of office a person who ceases to hold office under subsection (1) shall be performed by a person so appointed by the President for the period specified in writing by the President’
Reiterating that, according to paragraph (6) of the Schedule as under Section 14 (1) of the Presidential (Transition) Act, Act 845 (2012), it stipulates as that; ‘Persons appointed by the President or a Minister of State as members of Statutory Boards and Corporations’,
Notwithstanding Article 246(2) of the 1992 constitution of the Republic of Ghana, the President only has the powers to appoint MMDCEs as per Article 243(1) of the 1992 constitution of the Republic of Ghana and Section 20(1) of the Local Governance Act, Act396(2016) and can also revoke same as per Article 234(3b) of the 1992 constitution of the Republic of Ghana and Section 20(3b) of the Local Governance Act, Act 936(2016), the statement said.
Mr. Keklie disclosed that section 14(5) of the Presidential (Transition), Act 845(2012) has nothing to do with the content of the letter or directive given by the Chief of Staff which directed the MMCEs to remain at the post since the same does not include MMDCEs.
He, therefore, implore “the Chief of Staff at the Jubilee House, Ghana to take note accordingly that the directive emanating from her outfit to all MMDCEs in Ghana cannot be enforced under Section 14(5) of Act 845(2012) and Article 243(3) of the 1992 constitution of the Republic of Ghana and same, if not withdrawn, would be contested in court since Ghana is governed by rule of law”.
Read the full statement below:
Anlo Afiadenyigba Dziehe-Ablame Electoral Area
Anlo Afiadenyigba
Keta Municipal Assembly
Volta Region
0245354105
January 13, 2021
Press Statement
For Immediate Release
DIRECTIVE TO MMDCES IN GHANA TO REMAIN AT POST IS NOT BACKED BY ARTICLE 243(3) OF THE 1992 CONSTITUTION OF GHANA AND SECTION 14(5) OF THE PRESIDENTIAL (TRANSITION) ACT, ACT 845(2012).
My attention is drawn to a letter signed by the Chief of Staff at the Jubilee House, Ghana dated January 11, 2021 which directed all Metropolitan, Municipal and District Chief Executives (MMDCEs) in Ghana to remain at post until further notice.
I wish to state in no uncertain terms that the directive is not backed by Article 243(3) of the 1992 constitution of the Republic of Ghana and Section 14(5) of the Presidential (Transition) Act, Act 845(2012) as quoted in the directive.
For the avoidance of doubts:
1. Article 243(3) of the 1992 constitution of the Republic of Ghana stipulates that ‘The office of the District Chief Executive shall become vacant if’-
(a) a vote of no confidence, supported by the votes of not less than two-thirds of all members of the District Assembly is passed against him; or
(b) he is removed from office office by the President; or
(c) he resigns or dies
2. According to the Presidential Transition Act, 845 (2012), with Section 14(5) stipulating that: “before the assumption of office of the incoming Minister, a person so appointed by the President shall be in charge of the relevant Ministry but shall not take a decision involving a policy issue except in the Ministry of Justice where the Solicitor-General shall be in charge of the Ministry.“ This means MMDCEs do not fall under this provision.
3. Section 14(1&2) of the Presidential (Transition) Act, Act 845(2012) stipulates that;
1. ‘On the assumption of of the person elected as President, a person holding any of the offices specified in the Schedule shall cease to hold that office, and shall be paid the relevant retirement benefits and the enjoyment of facilities as provided by law.
2. ‘The functions of office a person who ceases to hold office under subsection (1) shall be performed by a person so appointed by the President for the period specified in writing by the President’
4. According to paragraph (6) of the Schedule as under Section 14 (1) of the Presidential (Transition) Act, Act 845 (2012), it stipulates as that;
‘Persons appointed by the President or a Minister of State as members of Statutory Boards and Corporations’
Notwithstanding Article 246(2) of the 1992 constitution of the Republic of Ghana, the President only has the powers to appoint MMDCEs as per Article 243(1) of the 1992 constitution of the Republic of Ghana and Section 20(1) of the Local Governance Act, Act396(2016) and can also revoke same as per Article 234(3b) of the 1992 constitution of the Republic of Ghana and Section 20(3b) of the Local Governance Act, Act 936(2016) .
And accordingly;
A. Section 14(5) of the Presidential (Transition), Act 845(2012) has nothing to do with content of the letter or directive given by the Chief of Staff which directed the MMCEs to remain at post since same does not include MMDCEs.
B. Section 14(1&2) and Paragraph (6) as under Section 14(1) of the Presidential (Transition) Act, Act 845(2012) are inconsistent with Article 243(3) of the 1992 constitution of the Republic of Ghana as quoted by the Chief of Staff in her directive.
I am therefore, urging the Chief of Staff at the Jubilee House, Ghana to take note accordingly that the directive emanating from her outfit to all MMDCEs in Ghana cannot be enforced under Section 14(5) of Act 845(2012) and Article 243(3) of the 1992 constitution of the Republic of Ghana and same if not withdrawn would be contested in court since Ghana is governed by rule of law.
….SIGNED…
Gilbert Korbla Keklie
(Assembly Member for Anlo Afiadenyigba Dziehe-Ablame Electoral Area in the Keta Municipal Assembly)
0245354105
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