NDC party Chairman, Kofi Portuphy
NDC party Chairman, Kofi Portuphy

NDC condemns jail term for Montie three

The ruling National Democratic Congress (NDC) has condemned the decision of the Supreme Court to jail two radio panellists and a presenter who scandalised the court.

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In a statement signed by the National Chairman of the party, Mr Kofi Portuphy, the NDC said the jail sentences were an “excessive censure of the right to free expression’’, which had the propensity to erode the country’s democratic credentials.

“This judgement sends an unfortunate impression about Ghana, its Judiciary and severely dents our enviable reputation as a beacon of democracy on the African continent and beyond,’’ the statement said.

The apex court yesterday sentenced the two panellists, Alistair Tairo Nelson and Godwin Ako Gunn, and the presenter, Salifu Maase, alias Mugabe, to four months’ imprisonment.

They were also fined GH¢10, 000 each or in default serve an additional one month in prison.

Apart from the two, the parent company of Montie FM, the station where the comments were made, and the company that owned the station’s frequency were also fined GH¢30,000 each.

Shock and disappointed

The NDC, however, expressed utter shock, disbelief and dismay at the jail terms handed down to the contemnors.

It said the party respected the verdict of the court, and condemned the utterances and comments of the three but it was extremely  disappointed and saddened by the severity and harshness of the punishments imposed on them.

‘’Our utter disappointment not only stems from the fact that the accused persons themselves demonstrated considerable remorse but also there have been an overwhelming outpouring of both condemnation of their conduct and pleas for the court to be lenient in its judgement and avoid custodial sentence,’’.

The statement explained that the apex court ‘s judgement was against the tenets of freedom and liberty.

The party is particularly concerned about the devastating impact that this judgement will have on the ability of citizens of Ghana, in whom sovereignty resides, to express themselves freely as enshrined in the Constitution.

“We are completely astonished that the Supreme Court of Ghana, which should be at the forefront of efforts to guarantee the liberties and freedoms of all Ghanaians, appears to have taken the lead in limiting same. To commit citizens of Ghana to jail on account of what they have said at a time when democratic societies are moving away from such a practice would appear to roll back all the gains made since the repeal of the criminal libel law.

“The judgement also may undermine our position among countries with the freest media in the world,” it said.

Owners

The party also described as strange the fact that the directors of the radio station and the owner of the frequency were “also held liable for the views of the panellists’’.

“This is akin to holding the members of the court responsible for the conduct of their wards, guests and employees.

In many countries, the laws on contempt are being reviewed to check the sweeping powers that they give the court to investigate, prosecute and sentence contemnors in their own cases. In addition, the law on contempt as applied in this case, presumed the accused guilty and imposed on them the burden of proof of innocence contrary to the principles of fair trial,” it explained.

Paradox

The statement further said that the party considered it as a paradox, the fact that the apex court had placed an injunction on the National Media Commission (NMC) “for exercising its mandate of regulating media standards and content while it appears to be the same body usurping the powers of the commission by giving directives on policy, content and programmes.’’

The statement, however, called on the supporters of the party to “restrain themselves and refrain from any act that will undermine the peace of the country.’’

“The National Democratic Congress strongly associates itself with all well-meaning Ghanaians who have condemned the judgement of the court,” it said.

The statement also called on all to draw lessons from this unfortunate event.

 

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