Court dismisses writ against KMA

Kumasi (Ashanti), 24th September 99 - A Kumasi High Court presided over by Mr. Justice A. K. Abada on Thursday dismissed an application for interim injunction restraining the Kumasi Metropolitan Assembly (KMA) from conducting any business as it was previously constituted.

Mr. Justice Abada dismissed the application following a supplementary affidavit in opposition sworn by Nana Akwasi Agyeman, Kumasi Metropolitan Chief Executive, to the effect that the government has revoked the appointment of Maame Afua Adwumbi as a member of the KMA.

The supplementary affidavit said with the revocation of the mandate of Maame Adwumbi, the number of government appointees to the KMA is now 28.

Mr. Justice Abada said under the principles of public policy, the KMA is a public authority and that unless at the end of the trial, there is the possibility that the plaintiffs will win the case, the application cannot be granted.

The presiding judge, however, asked counsel for both parties to direct summons for the substantive case for the true and proper interpretation of the Local Government Act, Act 462 on the government appointee component of the KMA not to exceed 20 persons to take its normal course.

Four members of the KMA, Mr Ishmael Butler, Mr Ibrahim Antwi, Nana Kofi Senyah and Nana Nsiah Awuah on behalf of 46 others filed the writ on August nine against the KMA, Attorney-General's Department and the Electoral Commission (EC).

The writ was also for an order to direct the government to withdraw the excess number of government appointees.

The court, however, at its sitting on September nine struck out the writ against the EC after an application by their counsel, Mr Aduamah Osei, that the Commission has no role in the appointment of membership to the assembly.

It awarded 200,000 cedis cost to the Commission.

Mr. Joe Osei-Wusu represented the plaintiffs while the KMA was represented by Mr. Anthony Osei-Poku and Mr. Otchere Antwi, Senior State Attorney for the Attorney General's Department

No date was fixed for the hearing of the substantive, case.