MONROVIA — Sinoe County Senator and Chairman of the Senate Judiciary Committee, Cllr. Augustine S. Chea, has challenged the Ministry of Local Government's reported decision to downgrade or dissolve certain cities, arguing that the Ministry lacks the legal authority to overturn the status of cities established by Acts of the Legislature.
Senator Chea warned that any attempt by the Ministry to unilaterally dissolve or reclassify legally established cities would amount to an administrative overreach and an infringement on the constitutional powers of the National Legislature.
In a statement posted on his official social media page on Thursday, October 8, 2026, the Sinoe County lawmaker maintained that the authority to alter the legal status of a city created by legislative enactment rests with the Legislature, not an administrative official.
According to Chea, Section 2.16(c) of the Local Government Act of 2018 establishes a procedure requiring the Ministry of Local Government to assess whether existing cities meet prescribed development and other statutory requirements.
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He explained that the law requires the Ministry to verify compliance with those requirements and submit its findings to the Legislature for reaffirmation.
The senator argued that the Ministry's responsibility under the provision is limited to verification, assessment and reporting, rather than independently dissolving cities or reducing their legal status.
Chea acknowledged that the Act provides for cities that fail to meet the prescribed criteria to be relegated to town status.
However, he insisted that the provision must be interpreted alongside the requirement for the Minister of Local Government to report findings to the Legislature for reaffirmation.
He maintained that the law does not expressly empower the Minister to repeal or override legislation through which a city was originally established.
"It does not expressly delegate to the Minister the power to repeal, revoke or extinguish the legal status of a city established by legislative enactment," Chea stated.
"Where the Legislature has created a city by statute, an administrative officer cannot, absent a clear delegation of legislative authority, exercise a power that effectively amends, repeals or overrides the statute creating that city," he emphasized.
The Judiciary Committee chairman argued that allowing an administrative ministry to independently dissolve cities created by law would raise serious questions about the separation of powers and the limits of executive authority.
According to him, even where the Ministry determines that a city no longer satisfies the legal requirements for maintaining its status, such findings should be submitted to the Legislature for appropriate action.
He said the Ministry's assessment should serve as a recommendation rather than an automatic decision to downgrade or dissolve a municipality.
Chea maintained that the Legislature must determine whether a city's statutory designation should be retained, modified or withdrawn through the appropriate legislative process.
"The Legislature must determine whether and how a city's statutory status is to be altered, including whether it should be relegated to town status," he said.
The senator further argued that any administrative action changing the legal status of a municipality without legislative authorization would be inconsistent with his interpretation of the Local Government Act.
"The Ministry may verify and recommend; it may not unilaterally legislate," Chea declared.
"A city created by an Act of the Legislature cannot be legally downgraded or dissolved by ministerial declaration alone," he added.
He insisted that any decision affecting the legal status of cities established by legislative enactments must follow the procedures prescribed by law and respect the constitutional responsibilities of the Legislature.
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"Any action that changes or extinguishes the statutory status conferred by the Legislature should be taken through the legislative process, consistent with the Constitution and the Local Government Act," Chea concluded.
The senator's intervention raises a legal dispute over the interpretation of the Local Government Act of 2018 and the respective responsibilities of the Executive and Legislative branches in determining municipal status.
His position centers on whether the Ministry's authority to assess compliance with statutory requirements also permits it to implement changes in municipal classification without further legislative action.
The specific cities reportedly affected by the Ministry's decision were not identified in Chea's statement provided for this report.
The Ministry's detailed legal justification and response to the senator's interpretation were also not immediately available.
