Johnson Ayine of the Peoples National Convention and Latif Solomon of the New Patroitic Party in the Upper East region have threatened to go to court to force the Municipal and District Chief Executives of Bolgatanga Municipality and Nabdam District respectively to vacate their offices if they fail to step down by Friday.
According to them, although the tenure of office of these two Chief Executives has ended since May this year, they have continued to occupy their positions contrary to the provisions of the 1992 constitution.
Article 246(2) of the 1992 constitution states: “Unless he resigns or dies or the earlier ceases to hold office under the clause (3) of article 243 of this constitution, the term of office of the District Chief Executive shall be for four years; and a person shall not hold office as a District Chief Executive for more than two consecutive terms.”
The two are threatening to take a legal action to force the two Chief Executives to step down from their positions because it is unconstitutional for them to still be in office.
In a publication by the Ghana News Agency on Saturday July 18 2015, Municipal, Metropolitan and District Chief Executives whose tenure has expired were ordered to hand over. According to the GNA, a statement issued on Thursday by Mr. Charles Dondieu Chief Director at the Ministry said the directive is in consonance with the law and should not be interpreted as a mass dismissal of district chief executives.
“We are going to test the law if the Chief Executives fail to step down by Friday. Their tenure has ended since May but they have since not vacated their positions. Their activities in the District Assembly are illegal and we will not let this illegality continue,” they told Azongo Albert on A1radio’s flagship program, Day Break Upper East, Tuesday.
Meanwhile, Local Governance expert George Kyei Baffor has said Municipal Chief Executives and District Chief Executives according the constitution are expected to step down with immediacy when their tenure of office elapses.
He explained that Municipal and District Chief Executives who fail to step down after their tenure of office ends are indulging in an illegality.
He mentioned that any activity undertaken by a District or Municipal Chief Executive after his tenure of office has ended is unconstitutional and any concerned citizen can take them (District and Municipal Chief Executives) to court.
“A District Chief Executive is expected to vacate his/her position immediately his tenure ends. Ghana as a country has indulged in the illegality of Chief Executives remaining in their positions even when their tenure has elapsed for too long, and this must stop. Any activity undertaken by a Chief Executive when his tenure is ended is illegal. Every concerned Ghanaian has the power to take them court to test the laws,” he said.
By: Offei-Akoto Ayeh | A1radioonline.com | Ghana
