By Alfred Adams
A former President of the National Association of Local Authorities of Ghana (NALAG), Mr. Kyei Baffour, has described as unconstitutional the decision of the Ministry of Local Government and Rural Development (MLGRD) to allow regional ministers perform the duties of chief executives of the assemblies who had left office.
This is, because, there was no provision in the Local Government Act that provided room for ministers to act as chief executives of the various assemblies.
The comment by the Local Government expert comes after the President, through the Ministry of Local Government and Rural Development (MLGRD), last week relieved four chief executives of some assemblies in the region, and subsequently ordered the Regional Minister, Paul Evans Aidoo, to act for the time being.
They include Captain Anthony Cudjoe (Rtd), Mayor of the Sekondi-Takoradi Metropolitan Assembly (STMA), Sylvester Nuamah of the Jomoro Assembly, and Madam Christina Cobbinah of the Tarkwa Nsuaem Assembly.
Earlier this year, the President also sacked the District Chief Executive Officer for the Ahanta West Assembly, Mr. Joseph Dofoyenah. In all the four vacant assemblies, the Regional Minister, Paul Evans Aidoo, is acting as chief executive.
Speaking in a telephone interview, Mr. Kyei Baffour said: “As a regional minister, you cannot have jurisdiction to act as chief executive for an assembly.” This is because, the assemblies were regulated by laws as contained in the Local Government Act (LGA).
Mr. Kyei Baffour told this reporter: “To my understanding of the Local Government Act, I have not seen any provision in it as acting Chief Executive.”
He believes the acting position was alien to the Local Government Act and the Assemblies. This, he explained, was because, before one is appointed MMDCE, the individual must go through a process before approval. As a result, the appointment of regional ministers acting as chief executives of vacant assemblies should be regarded as alien and an imposition.
Mr. Kyei Baffour, however, told this reporter that before the expiry of office of the MMDCEs, the government has the opportunity to draft a bill to Parliament to extend the tenure of the affected officer.
This, he pointed out, they failed to do, only to impose regional ministers on the assemblies as acting chief executives.