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Dr. Yaw Twerefuor has invoked the original jurisdiction of the Apex Court seeking declarative reliefs that the payment or transfer of funds from the District Assembly Common Fund (DACF) into the personal Bank accounts of Members of Parliament is unconstitutional, null and void.
The action of Dr. Twerefuor which is directed at the Attorney-General, Administrator of the District Assemblies Common Fund, the Minister for Local Government, Decentralisation and Rural Developement and, the Finance Minister per his statement of case forcefully suggests that MPs are not part of the beneficiaries under Article 252 of the Constitution. Beneficiaries per the Plaintiff are solely District, Municipal and Metropolitan Assemblies.
In the writ of Dr. Twerefour filed on his behalf by Sam Okudzeto & Associates led by the former Deputy Attorney-General and Minister of Justice, Mrs. Diana Asonaba Dapaah, the Supreme Court is invoked to declare that any transfers, disbursements or payments from the (DACF) under the name of "MPs Common Fund", "Constituency Labour Projects", "Constituency Labour Monitoring and Evaluation" or any other form of characterization is sinful against Article 252 of the 1992 Constitution.
In the writ and elegant arguments of the Plaintiff-Medical practitioner as filed on the 5th day of June, 2026, the Supreme Court is called upon to perpetually halt the transfers of monies from the DACF, a statutory fund as per Chapter 20 and Article 252 of the 1992 Constitution of the Republic of Ghana.
The Plaintiff in argumentation per the Statement of Case attached to the writ weighs provisions under Article 187 of the 1992 Constitution against the disbursement of funds from the DACF to the personal "wallets" of Members of Parliament.
Auditing DACF payments to MPs; Decentralisation undermined
Per the argumentation and reliefs sought by the Plaintiff, the Supreme Court's interpretation and enforcement jurisdiction is being invoked to declare as follows:
about 3 hours ago
15th May, 2026
10th Feb, 2026
30th Aug, 2025
12th Jul, 2025
"3. A declaration that the payment, transfer or disbursement of DACE monies into the personal bank accounts of Members of Parliament is unconstitutional being inconsistent with articles 187 and 252 of the Constitution and the principles of public financial accountability inherent in the Constitution.
4. A declaration that the said practice of removing public funds from institutional public accounts into personal custody, defeats the audit mandate of the Auditor-General under article 187 and is therefore unconstitutional."
5. A declaration that the two referenced practices above are inconsistent with the constitutional framework of decentralisation under Chapter 20 of the Constitution, by diverting financial control away from District Assemblies."
Minded by the prudent utilisation of state funds undergirding the 1992 Constitution of the Republic of Ghana, the Plaintiff per his writ, a copy of which can be accessed below, seeks declarative reliefs from the Supreme Court to the effects that, "the disbursement of DACF monies into personal accounts of Members of Parliament creates a system that is inherently prone to misapplication, diversion, lack of traceability and potential financial loss to the State, and is therefore unconstitutional."
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