About 23 Assembly members of the Cape Coast Metropolitan Assembly have sued Mr Ernest Arthur, the Metropolitan Chief Executive (MCE) over misunderstanding relating to his confirmation.
The move by the Assembly members were allegedly based on the fact that the MCE’s conduct during his confirmation was in material breach of Article 243(1) of the 1992 constitution and the Representation of People’s law (PNDC L 284) as amended and section 20(1) of Local Government Act,1993 Act 462.
Also, they said in their statement of claim that the declaration of Mr Arthur as the MCE was fundamentally flawed and must be nullified.
At the Cape Coast High Court II on Wednesday, the plaintiffs, prayed the Court to cancel the MCE’s position and give opportunity to a different candidate to represent the Metropolis.
The Court presided over by Justice Kwasi Boakye adjourned the case to Monday, December 20 to allow the Assembly Members file and go through all necessary documentation and processes for proceedings to commence.
The Presiding Judge told the members to inform the defendant who could not appear before the Court, for not being served.
Mr Kwaku Kangah-Kesse, Counsel for the Assembly Members, said his clients wanted the MCE’s position to be set aside and declared null and void.
Also, the court should order a fresh nomination and further confirmation for any interested candidate.
In an interview with the Ghana News Agency (GNA) after the adjournment, Mr Usman Abban Egyin, the Assembly Member for Kakumdo Electoral Area, said they were in court to pursue the development of Cape Coast and not their personal interests.
“We are not in court for any personal interest, but for development and the good people of Cape Coast” he said.
He described the confirmation of the MCE as illegal, void and with no legal effect.
On Sunday October 17, the Cape Coast MCE was confirmed amidst chaos and misunderstanding due to an alleged over voting in favor of the MCE.