Court to give ruling in suit against KMA on Sept 16

Kumasi, Sept 9, GNA - A Kumasi High Court will on Thursday, September 16 give its ruling on the interpretation of the local government Act 462 on the government appointee component of the KMA not to exceed 20 persons.

The writ, filed by 46 assembly members of the Kumasi Metropolitan Assembly (KMA) was also against the Attorney-General and the Electoral Commission (EC) for an order to direct the government to withdraw the excess number of government appointees.

In addition, the members want the court to issue a perpetual injunction to restrain the KMA from conducting any further business until it is properly constituted. The Court, presided over by Mr Justice A. K. Abada, struck out the writ against the EC after its counsel, Mr Aduamah Osei, submitted an application that the Commission has no role in the appointment of members to the assembly.

It awarded 200,000 cedis cost to the Commission. Mr Justice Abada also asked Mr Joe Osei-Wusu, counsel for the assembly members to furnish the court before the next adjourned date a copy of a Supreme Court decision, which he (Osei-Wusu) said was made sometime ago on the membership of the assemblies.

Mr Osei-Wusu, before the adjournment, argued that the assembly is not properly constituted because the government appointees should not exceed 20. He contended that during the 1994 metropolitan, municipal and district assemblies' elections, the membership of the KMA was made up of 60 elected members, six Members of Parliament and one Metropolitan Chief Executive (MCE), totalling 67 and the government was to appoint 30 per cent.

Mr Osei-Wusu said sometime in 1994, most of the assemblies had problems with the membership with regard to the government appointees, and the Supreme Court in its interpretation asked the assemblies to withdraw the excess members of the assemblies and this was complied with.

Mr Anthony Osei-Poku, counsel for the KMA, explained that the Ministry of Local Government and Rural Development determines the number of government appointees to the assemblies and the figure for the KMA was 29.

He said directives from the Ministry indicated that 30 per cent of the membership of KMA when approximated is 29 and since the Ministry addresses concerns of public policy, if the reliefs sought by the plaintiffs were granted, the whole administration of the KMA would grind to a halt.

Mr Osei-Poku explained that under the 1992 constitution, the assemblies have both political and administrative functions to perform and take decisions on the day-to-day basis, adding, "even though the MCE performs the day-to-day function of the assembly, there are certain functions he cannot perform unless the assembly advises him".

Mr Otchere Antwi, Senior State Attorney, said based on directives from the Ministry, 30 per cent of the membership would be about 28.71, and based on mathematical approximation the figure was raised to 29. He asked the court not to grant the reliefs sought by the plaintiffs because it was out of place, adding, "democracy must grow, not to be held down".

On August nine, four out of the 46 assembly members, Mr Ishmael Butler, Mr Ibrahim Antwi, Nana Kofi Senyah and Nana Nsiah Awuah filed the writ on behalf of their colleagues.