AMEGATCHER JSC:
The facts culminating in the plaintiff's current action are straightforward, uncomplicated, and agreed upon. They are that on 11 January 2021, the President issued a directive with reference SCR/DA39/314/401 to all Metropolitan, Municipal and District Chief Executives (MMDCEs) who were in office before the presidential inauguration on 7 January 2021 to remain at post until further notice. The directive also prohibited the MMDCEs from making policy-related decisions in line with Section 14(5) of Act 843.
The Plaintiff, claiming that the directive breaches the fundamental law of the land, issued this writ invoking the Original Jurisdiction of this Court in accordance with Articles 2(1)(b) and 130(1)(a) of the Constitution, 1992, seeking an interpretation and enforcement of Articles 243(1) and 246(2) of the Constitution.
Summary of Plaintiff’s Case
The plaintiff’s case is that the directive issued by the President of the Republic of Ghana, under article 243 (3), directing al…