KMA Probes NDC Deals – House Cleaning Exercise in Kumasi

Sebastian Freiku

FALL OUT from the on-going general meeting of the Kumasi Metropolitan Assembly (KMA) indicate that the house is reviewing contracts awarded by the previous administrations of the NDC through to the eight-year NPP administration.

The General assembly would also regularize all agreements entered into during previous regimes because most of the said contracts and agreements were dubious and not binding on the KMA.

The regularization and review of contracts are premised on the fact that most of the contracts and agreements, including Build Operate and Transfer (BOT), had not followed due process.

The position of the Assembly is on the strength of the Local Government Act 462 of 1993 and sections of the Standing Orders of the Metropolitan/Municipal and District Assemblies (MMDA’s).

Section 4 (i) Act 462, which dwells on the incorporation of the Assembly states that: “Each District Assembly shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its own name”.

The section 64 of the Standing Orders provides that “For the purpose of sealing contracts, bye-laws, agreements and other formal documents, the Common Seal shall be cast in brass metal in round or oval shape,” while the Section 66, sub-section 2, points to the role of the Presiding Member (PM) and the Secretary of the Assembly that “The Presiding Member and the Secretary of the Assembly shall by their signatures authenticate the affixing of the Common Seal”.

Hon. Nana Kofi Senyah, Presiding Member of the KMA, who confirmed the position of the Assembly in an interview with The Chronicle said almost 90% of KMA contracts and agreements are in breach of the procedures and they stand the chance of being abrogated.

The Presiding member said the Assembly is contemplating revoking a memorandum of Understanding single handedly entered into by the former Chief Executive, Mr. Maxwell Kofi Jumah and All State Construction in which public land was leased for 40 years.
According to the Presiding member any contract administered outside the Assembly and the legal framework would not be honoured and that the KMA would not be liable to any breach.

He said signatories, apart from the Presiding Member and Secretary as provided by law, would be held responsible for any such breaches since KMA by law is not a signatory. “Where possible, the KMA would go to court for interpretation of the law and actions of certain individuals who wrongly acted on behalf of the KMA,” he said.

He said the re-constituted Assembly is poised to ensure that the proper procedures in respect of award of contracts and agreements are followed. Nana Senyah said a Committee has been appointed to see to how best the Sub-Metro Councils would be resourced to make the KMA function properly.