Minority in Parliament blames gov’t of breaching Constitution with ‘parallel’ DACF formula

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The Minority in Parliament has accused the government of breaching the 1992 Constitution by introducing what it describes as an unlawful parallel formula for the distribution of the District Assembly Common Fund (DACF).

Addressing a press conference on behalf of the caucus, Minority Chief Whip Frank Annoh-Dompreh argued that the government’s new guidelines override Parliament’s constitutionally approved formula for sharing funds among the 261 Metropolitan, Municipal, and District Assemblies (MMDAs).

According to him, the Parliamentary formula is not politically motivated but rather data-driven and empirically structured, taking into account indicators such as social needs, education, healthcare and equitable development considerations.

He explained that while Parliament approved the 2025 DACF formula based on what he described as a scientifically grounded equity-driven model, the Minister’s guidelines have introduced fixed expenditure allocations that do not appear in the approved formula.

He outlined the new ministerial directive which allocates 25% for the 24-Hour Economy Market initiative; 10% each for CHPS compounds, school blocks, boreholes and sanitation projects; 5% for administration; and 20% for legacy projects.

Annoh-Dompreh contended that these percentages are rigid and have no basis in the Parliamentary formula.

He further argued that the law does not empower the Minister to assign new percentages or override Parliament’s authority in determining the formula.

“Article 252 of our cherished 1992 Constitution is clear and unambiguous. It vests in Parliament and Parliament alone the authority to determine the formula for sharing the District Assembly Common Fund across our 261 MMDAs.

“That authority is neither symbolic nor advisory. It is binding. In accordance with this mandate, Parliament approved the 2025 DACF Formula allocating some GHS7.51 million for the fiscal year and distributed it based on scientifically grounded equity drive module.

“Nonetheless, the 2025 Ministerial guidelines introduced in effect a parallel allocation regime, one that imposes new mandatory percentages, new expenditure categories and new national priorities that do not exist in the Parliamentary formula.

“In doing so, the executive has stepped beyond guidance into redesign and that by every constitutional law is ultra varies,” he said.

The Minority is therefore calling for the immediate withdrawal of the ministerial guidelines, insisting that any changes to the DACF formula must go through Parliament in line with constitutional provisions.