Businessman challenges creation of new districts

July 10, 2012 (Page 20) A BUSINESSMAN, Baffour Osei-Akoto, is challenging the creation and inauguration of 48 new districts across the country at the Supreme Court. The plaintiff is praying the court to declare as unconstitutional the creation of about 48 districts and 16 municipalities by His Excellency the President. He is entreating the court to declare that upon a true and proper interpretation of Article 11 (7) and Article 241 of the 1992 Constitution, thePresident acted in excess of the powers conferred on him by the Local Government Act, 1993 (Act 462) by making the Creation of Districts Instrument, 2011 (E. I. 80), the Creation of Municipalities Instrument, 2011 (E. I. 81) as well as the Declaration of Municipalities Instrument, 2011 (E. I. 82) and subsequently gazetting same without laying same before Parliament; Mr. Osei-Akoto is further requesting the court to rule that the inauguration of the new districts and municipalities was inconsistent with and in contravention of Article 11 (7) of the 1992 Constitution. The suit which was filed on behalf of the plaintiff by his lawyer, Mr. Godfred Yeboah Dame, is urging the Supreme Court affirm as null, void and of no effect the districts and municipalities created and declared by the Creation of Districts Instrument, 2011 (E. I. 80), the Creation of Municipalities Instrument, 2011 (E. I. 81) as well as the Declaration of Municipalities Instrument, 2011 (E. I. 82), as having been made in contravention of Article 11 (7) of the Constitution, 1992 The plaintiff is also pleading with the court to restrain the Minister for Local Government any other organ of state from recognizing the existence of districts and municipalities created by E. I. 82 as well as order other relief the court might deem fit. According to the plaintiff, the facts underpinning the invocation of the original jurisdiction of the Supreme Court were borne out of enactment of E. I. 82. The statement of claim accompanying the writ said on November 22, 2011 the President purportedly acted in accordance with the powers conferred on him by Section 1 (2) of the Local Government Act, 1993 (Act 462), made three (3) instruments: the Creation of Districts Instrument, 2011 (E. I. 80), the Creation of Municipalities Instrument, 2011 (E. I. 81) as well as the Declaration of Municipalities Instrument, 2011 (E. I. 82). It said all the instruments were gazetted on the November 25, 2011 and various districts and municipalities created were in existence now and have been inaugurated, although, none of the instruments was laid before Parliament. The contention of the plaintiff was that the gazetting of the instruments in question without the laying of same before Parliament, was in flagrant contravention of Article 11 (7) of the 1992 Constitution. The plaintiff further submitted that the coming into force of those districts and municipalities and their subsequent inauguration, was also unconstitutional and accordingly invoked the original jurisdiction of the court for the grant of the reliefs prayed for.