He has challenged the formula used in the calculation and selection of the 14 government appointees, describing the whole Assembly body and its newly-elected Presiding Member (PM) as completely “unconstitutional” in their structure, function and mandate.
Mr. Adjei-Darko raised the concerns when he spoke on Gifts FM, a local radio station in Dormaa – Ahenkro about the controversies surrounding those selected government appointees during the election of the PM of the Assembly.
Arguing his case, the former Minister stated that the Local Government Law, Act 462 stipulated that the Assembly could appoint members not exceeding 30 per cent of the elected house.
“The law did not say 30.4 per cent but 30 percent of the full House for which reason 14 government appointees should be selected to the Assembly,” he added.
He said there was the urgent need to follow laid down procedures and the law, instead of allowing partisan considerations to take precedence over the Assembly’s activities. Mr. Adjei-Darko noted that the Assembly’s composition as it stood now, as well as its newly-elected PM could not be legitimately recognized, and therefore he was not qualified to preside over its activities such as fee-fixing resolutions because the “law doesn’t recognize him as the presiding member of the Assembly”.
Responding to his comments, Mr Gordon Asubonteng, the Dormaa Municipal Chief Executive, said the Electoral Commission was the only institution which was mandated to perform constitutional requirements such as elections, the Assembly was expected to comply and respect its decisions. He expressed surprise at the actions of the former Minister, for not declaring the Sunyani Municipal Assembly also illegal, as it had experienced a similar situation during the election of its PM, as well as other Assemblies across the country.
“In any case, why didn’t people initially contest the formula when we mistakenly calculated the figure to be 9.6 and rounded it up to 10 members or government appointees, because instead of using the base as 70 per cent, we used it as 100 per cent,” he added. The MCE requested that people who still had issues and concerns about the legitimacy of the current composition of the Assembly to seek legal interpretation at the Supreme Court.