2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case, initiated by citizens of Ghana, focused on the interpretation and enforcement of the constitutional requirement that at least 5% of total revenues be allocated to the DACF. The court determined that 'total revenues' include petroleum revenue allotted as Annual Budget Support amount and non-tax revenue, but do not include foreign loans, grants, or specific levies. Provisions in the Earmarked Funds Capping and Realignment Act, 2017, and the Local Governance Act, 2016, that limited funds for DACF were found unconstitutional. Additionally, excluding DACF from petroleum revenue distribution was also deemed unconstitutional.
JUDGEMENT
AKUFFO CJ:-
Background
By a Writ of Summons, issued 27th December, 2017, the Plaintiffs suing in their capacity as citizens of Ghana, for the interpretation and enforcement of the Constitution, pursuant to articles 2(1)(b) and 130(1)(a), claimed the following reliefs from this Court:
“1. A declaration that upon a true and proper interpretation of article 252 clause 2 of the Constitution, neither Parliament nor the Minister responsible for Finance may allocate an amount that is less than five per cent (5%) of the total revenues of Ghana to the District Assemblies Common Fund;
“2. A declaration that upon a true and proper interpretation of article 252 clause 2 of the Constitution, sections 3(2), 3(5) and 7 of the Earmarked Funds Capping and Realignment Act, 2017 (Act 947) and Section 126(2) of the Local Governance Act, 2016 (Act 916), to the extent that they purport to limit the proportion of revenue to be allocated to the District Assemblies Common Fund to tax revenue and not total revenue, are inconsistent with and in contravention of the Constitution and are thus null and void and of no effect whatsoever;
“3. A declaration that the exclusion of the District Assemblies Common Fund in the disbursement of benchmark revenue from oil operations as provided for under sections 3, 16 and 21 as well as the First Schedule of the Petroleum Revenue Management Act, 2011 (Act 815) as amended is unconstitutional and therefore null and void;
“5. Any other order or orders as this Honourable Court may deem fit in the circumstances.”
The facts giving rise to this action are common cause between the parties and are coherently and concisely set out in the Defendant’s Statement of Case as follows:
a. Article 252(1) of the 1992 Constitution established the District Assembly Common Fund (DACF) and Article 252(2) mandates Parliament to make annual provision for the allocation of not less than five percent (5%) of the total revenue of Ghana to District Assemblies for development, to be paid into the District Assemblies Common Fund (hereinafter referred to as ‘the DACF’) in quarterly installments.
b. Towards the implementation of the provisions of Article 252, Parliament passed the District Assemblies Common Fund Act, 1993 (Act 455), Section 17 of which defined total revenue as revenue collected by or accruing to the Central Government other than foreign loans, grants, non-tax revenue and revenues already collected by or for District Assemblies under any enactme