These MMDA’s in Greater Accra Region have no by-laws

A new report by the Dennislaw Research Desk titled 2021 Status of by-laws in Ghana has revealed that out of the total 261 Metropolitan, Municipal, and District Assemblies (MMDAs) in Ghana, only 106 representing 41 per cent have by-laws, leaving a chunk of 155 which makes up some 59 per cent operating without by-laws.

Additionally, the report highlighted the regional demarcations of the various MMDAs in Ghana.

In the Greater Accra Region, there are a total of 29 MMDAs. Out of this number, 15 have no by-laws. 

These MMDA’s are; Tema West, Okaikwei North, Korle-Klottey, Ayawaso West, Ayawaso North, Ayawaso East, Ayawaso Central, Ada East, Ablekuma North, Ablekuma Central, Ablekuma West, Ledzokuku, Krowor, Ningo-Prampram, and Shai-Osudoku.

The Local Governance Act, 2016 (Act 936) which is the primary statute providing for and directing the administration of local assemblies nationwide enjoins local assemblies to pass by-laws to govern activities within their respective jurisdictions when necessary. 

Howbeit, the Act requires that local assemblies publish and gazette their various by-laws in order to gain validity. Thus, pursuant to section 182(4) of Act 936, a BY-LAW shall remain ineffective even when approved by the Regional Coordinating Council unless and until it has been:

a. posted on the premises of the District Assembly concerned and in at least one other public place within the district, and

b. published in a daily newspaper of national circulation or in the Gazette.

Per this provision, a by-law does not acquire the force of a law if it has not been published or gazette. Attempts to compel compliance with, or secure enforcement of the provisions of a non-gazetted or published by-law will be tainted with illegality.

“Of the two modes of validation of by-laws, the research finds that invariably, Local Assemblies resort to gazetting rather than publication in daily newspapers to validate their by-laws,” it noted.

Furthermore, section 182 of the Local Government Act, 2016 (Act 936), imposes a strict procedural regime on all MMDAs to adopt by-laws for their operation. 

The report found that compliance with section 182 of the Local Government Act, 2016 (Act 936), was generally low as out of the total 261 MMDAs in Ghana, only 106 representing 41 per cent have by-laws, leaving a chunk of 155 which makes up some 59 per cent operating without by-laws.

“The findings of this study expose serious lapses in the in the practices of certain MMDA’s, particularly as regards the development and operationalization of their working by-laws," the report indicated.