Case Overview

The case of Dafeamekpor Rockson-Nelson vrs Attorney-General revolves around the constitutionality of a presidential directive instructing Metropolitan, Municipal, and District Chief Executives (MMDCEs) to remain in office in an acting capacity after the expiration of their term. The plaintiff argues that this directive breaches the fundamental law of the land, specifically Articles 243(1) and 246(2) of the 1992 Constitution.

Area of Law

This case falls under Constitutional Law, specifically focusing on the interpretation and application of Articles 243(1) and 246(2) regarding the appointment, tenure, and removal of MMDCEs.

Key Legal Issue

The central question addressed by the court is whether the President has the power or authority to instruct or direct MMDCEs to remain in office in an acting capacity after their term has expired.

Legal Principles Applied

Key legal principles applied include the interpretation of constitutional provisions, the concept of mootness, and the rule of law as confined by the Constitution.

The Ruling

The court determined that the directive was unnecessary as the MMDCEs' tenure was not tied to the President's and had not expired, thus they could not be requested to act in the office.

Significance

This case is significant for legal practitioners as it clarifies the constitutional limits of the President's power regarding the appointment and tenure of MMDCEs, reinforcing the rule of law and constitutional governance in Ghana.