The mayor of Accra is only the executive head of the Accra Metropolitan Assembly (AMA). He cannot be sued for his official acts or omissions, but the AMA can!
Under the Local Government Act (the law) in Ghana, all local authorities (including the AMA) have several functions in their areas, including responsibility for:
• Exercising political and administrative authority;
• The overall development of their area;
• Initiating programmes for the development of basic infrastructure;
• The development of human settlements and the environment.
From the above, the construction of drainage in a place like Alajo is the responsibility of the AMA, whether you see it as basic infrastructure or development of a human settlement. It is the AMA’s public duty!
Therefore, if the AMA neglects to perform its duty and floods occur and destroy property, the AMA can be held responsible.
The law provides that the AMA can be sued for an alleged neglect or default of a public duty. However (to explain in simply) the suit must be commenced within 12 months after the occurrence of the act of neglect. If the act is one a one-off act but a continuing act, then you may sue at any time while the act continues, but if the AMA puts a stop to its neglect, then you have 12 months within which to sue them.
Generally, a person in Ghana may sue any other person, including the government (in this case AMA) for compensation as a result of injury or loss suffered by reason of their neglect or breach of a duty.
However, the courts are cautious in awarding compensation against public institutions for fear that it may open the floodgates for practically everybody to sue them.
To answer your question simply, a person cannot sue the mayor but they can sue the AMA. But, to be candid, one’s chances of being awarded any significant compensation are slim.
I hope this answers your question.
