Per Subsection l(c) of Section 5 of the Local Governance Act, 2016 (Act 936) as amended by Act 940, an MP is a member of the District Assembly of the District in which the constituency is located. [...] (b) the Member or Members ofP arliament for the Constituencies that fall within the area of authority of the District Assembly as members without right to vote. [...] When the Guan District was created out of the Jasikan District as per Legislative Instrument 2416, by the operation of law, voters in the new Guan District could not vote for an MP in the Buem Constituency of the Jasikan District Assembly. [...] However, the Commission had the constitutional mandate to inform voters in SALL and the general public that by the operation of law, voters in the Guan District could not vote for an MP in the Buem Constituency which falls under the Jasikan District. [...] Had the Commission failed to do so and left residents of the Guan District to vote for an MP in the Jasikan District/ Buem Constituency, the election of the MP for the Buem Constituency would have been in violation of an Act of Parliament, Act 936, as the MP would have illegally become a member of more than one District Assembly, the Guan District Assembly and the Jasikan District Assembly.
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- Published in
- Ghana
