By: Evans Osei-Bonsu
A Ghanaian citizen, Dr. Yaw Twerefour, has invoked the original jurisdiction of the Supreme Court, seeking a declaration that the allocation and disbursement of portions of the District Assemblies Common Fund (DACF) to Members of Parliament (MPs) are unconstitutional.
The suit, filed by former Deputy Attorney General, Diana Asonaba Dapaah, on behalf of the plaintiff is against the Attorney-General, the Administrator of the DACF, the Minister for Local Government, Decentralisation and Rural Development, and the Minister for Finance, asks the apex court to interpret Articles 187 and 252 of the 1992 Constitution and determine whether MPs can lawfully receive or control DACF allocations.
The plaintiff in his writ contends that, on a proper interpretation of Article 252, the DACF is a constitutionally earmarked fund intended exclusively for Metropolitan, Municipal and District Assemblies and not to the personal bank accounts of Members of Parliament.
The plaintiff seeks a declaration that the Fund is “exclusively for the benefit, administration and utilisation of District Assemblies, and not for allocation to or control by Members of Parliament or any other entity or person.”
Dr. Twerefour further wants the court to declare unconstitutional and void any DACF distribution formula that allocates funds to MPs under arrangements such as the “MPs Common Fund,” “Constituency Labour Projects,” or “Constituency Labour Monitoring and Evaluation.”
The suit also challenges the practice of paying DACF monies into MPs’ personal bank accounts, arguing that it violates Articles 187 and 252 and undermines public financial accountability. According to the plaintiff, transferring public funds into private custody weakens the Auditor-General’s constitutional oversight role and departs from the decentralisation framework established by the Constitution.
A major aspect of the reliefs sought concerns the recovery of funds already disbursed. Dr. Twerefour is asking the Supreme Court to order the recovery of all DACF monies unlawfully paid to MPs through personal or other accounts.
His case relies in part on findings from a special audit of the DACF covering 2017 to 2024, which reportedly found that about GHS488 million was paid directly into MPs’ personal accounts under the Constituency Labour Monitoring and Evaluation allocation. The audit is said to have found “no structured accountability protocol” for the funds and noted that they were paid directly to MPs “with no retirement or liquidation done after fund utilisation.”
The plaintiff is also seeking an order directing the Auditor-General to conduct a comprehensive audit of all DACF monies previously disbursed to MPs and provide a full account of their utilisation.
In addition, he wants the court to restrain any future allocation or disbursement of DACF monies to MPs except through District Assemblies as prescribed by the Constitution and to ensure that all future DACF payments are made through designated public accounts.
Source: Purefmonlinegh.com || Evans Osei-Bonsu || 2026
