Prez challenged over pardon of Montie trio
A legal practitioner, Mr Elikplim L. Agbemava, wants the Supreme Court to restrain President John Dramani Mahama from pardoning the Montie trio until a suit challenging the President’s prerogative authority is determined by the court.
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The lawyer is arguing that on a true and proper interpretation of articles 72 and 296 of the 1992 Constitution, the power of the President, in consultation with the Council of State, to grant pardons is discretionary and not arbitrary or capricious.
He is also seeking a declaration that any decision by the President to grant or refuse a pardon is not “one to be made on the basis of the political question doctrine that can be made without reasons being given for the exercise of such power”.
Counsel is praying the court to declare that in the “supreme interest of the people of Ghana and for whose welfare the President’s prerogative of mercy is exercised and on a true and proper interpretation of articles 72 and 296 of the 1992 Constitution, the President and the Council of State shall exercise the prerogative of mercy in a judicial manner that assures the people of Ghana of some certainty, consistency and fairness in the processes that lead to the granting of pardons”.
He is further urging the court to declare that upon a true and proper interpretation of articles 72 and 296 of the 1992 Constitution, the exercise of the power of prerogative of mercy ought to be governed by regulations that set out, in an open and transparent manner, the grounds and requirements for the submission and consideration of applications for pardon to ensure certainty, consistency and fairness in the processes that lead to the granting of pardons.
Bringing the action in his capacity as a citizen of Ghana, in consonance with articles 130 and 2 (1) (b) of the 1992 Constitution, counsel is praying the court to grant any other order it deems fit.
The Montie Three
The Supreme Court, on July 27, 2016, sent a strong warning to people who make irresponsible comments on media platforms by sentencing two radio panellists and a programme host to four months’ imprisonment each for scandalising the court.
The two panellists — Alistair Tairo Nelson and Godwin Ako Gunn — and the host — Salifu Maase, alias Mugabe — were also to pay GH¢10,000 each or in default serve an additional one month in prison.
The two panellists, spurred on by Maase, threatened the lives of judges of the superior court, especially those who heard the case on the credibility of the country’s electoral roll filed by Abu Ramadan and Evans Nimako against the Electoral Commission (EC).
The trio, together with the directors of Network Broadcasting Company Limited (NBCL), operators of Montie FM, the radio station where the comments were made, and ZeZe Media, owners of the station frequency, were on July 18, 2016 convicted for contempt of the apex court.
They were found guilty of scandalising the court, defying and lowering the authority of the court and bringing the name of the court into disrepute.
The court, however, did not sentence the trio for the threats of harm and death that they made against the judges, explaining that that constituted another matter for another branch of government to take action.
The sentence was read by Ms Justice Sophia Akuffo, who presided.
Other members of the panel were Mr Justice Gabriel Pwamang, Mr Justice A.A. Benin, Mr Justice Anin Yeboah and Mr Justice Julius Ansah.
Dissent
But their sentencing has been met with dissent from the governing National Democratic Congress (NDC) and its followers, including some ministers of state.
Ministers of state and other party faithful have signed a petition pleading with the President to provide a presidential pardon for the three under Article 72 of the 1992 Constitution.
The Chief of Staff, Mr Julius Debrah, has since forwarded the petition to the Council of State for action.
However, counsel is against moves by the petitioners and others to get the three out without the President doing a wider consultation, as well as following laid-down regulations and procedures.
Mr Agbemava told the Daily Graphic that he was yet to file the statement of case. He has 14 days within which to do so.
