SOME Assembly members in the Central Region have threatened to institute legal action against nomination of members onto the Council of State (CS).
According to the aggrieved assembly members, certain groups were mounting pressure on coordinating directors of the various metropolitan, municipal and district assemblies (MMDAs) in the region to nominate people of their choice onto the electoral college of the up-coming election of members of Council of State, without consulting presiding members (PMs), who they say are in essence chairmen and chairpersons of the various assemblies.
A statement signed and issued by the Assembly member for Ninta and immediate past Presiding Member (PM) of Agona East District Assembly, Samuel Richard Ziggah, it said the coordinating directors were just secretaries to the assemblies and had no power whatsoever to nominate anybody onto the electoral college.
According to the statement, it was only the PM who had that power to nominate any member.
That, they stressed, should be done in consultation with all the assembly members, adding that any attempt by a coordinating director to do otherwise breaches Article 89 clause 2 [c] of the 1992 Constitution.
The statement further said in situations where the General Assembly cannot meet for any reason, the Executive Committee meets and nominates a representative and reports back to the assembly.
Mr. Richard Ziggah, who is also a trustee of the National Association of Local Authorities of Ghana (NALAG) quoted a section of the New Local Government Act 936 under Obstruction of Officers which states that “1. A person who [a] willfully obstructs a member of a District Assembly in the execution of the duties of the member or [b] being the occupier of the premises prevents the owner of the premises from occupying with any requirements of the District Assembly commits an offence liable in summary conviction to a fine of not less than twelve penalty units and not more than twenty five penalty units or to a term of imprisonment of not more than one month or to both the fine and the term of imprisonment and in the case of a continuing offence to a further fine of one penalty unit for each day that the offence continues.”
He therefore, described the influence and attempt by some coordinating directors in the region to nominate members of their choice to form the electoral college of the Council of State as clear contradiction of the 1992 Constitution.
Against this background, the aggrieved assembly members vowed to institute legal action against the election if any coordinating director attempts to nominate any member of their choice onto the electoral college.
However, Mr. Ziggah appealed to the president with his background as a lawyer of high standing to stamp his authority to ensure that the right constitutional provision was followed in the election of members of the council of state.
Meanwhile, information gathered by Today indicates that the Ekumfi, Agona West, Senya West and East, Gomoa East, Upper Denkyira West and East Assemblies were areas where these purported influences were said to be taking place.
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