Montie 3 Escape Prison

The Supreme Court has upheld the pardon granted Montie 3 by former President John Dramani Mahama in 2016 after pressure from some activists of the National Democratic Congress (NDC) and ministers.

In a 5-2 majority decision, a seven-member panel of the court yesterday ruled that the President’s powers to remit a conviction cover that of contempt of court.

The majority decision was made by Justices Sophia Adinyera, Paul Baffoe-Bonnie, A. A. Benin, Yaw Appau and Gabriel Pwamang, while Justices Jones Dotse and Kwasi Anin Yeboah dissented.

“The remission cannot be questioned as it followed due process,” the court held.

The apex court maintained that the decision to remit the sentences of the three contemnors- Salifu Maase aka Mugabe; Alistair Nelson and Godwin Ako Gunn, who threatened to kill judges and rape the Chief Justice on pro-NDC radio station – Montie FM – followed due process.

Ako Gunn was elected as Deputy Communications Officer of the NDC over the weekend.

Justices Anin Yeboah and Jones Dotse who dissented would provide full judgment at a later date.

In September 2016, Nana Asante Bediatuo, the current Executive Secretary to President Akufo-Addo, Elikplim Agbemava and Alfred Tuah-Yeboah, filed separate legal actions to challenge the remission of the sentences of the three persons by the President.

They prayed the Supreme Court to reverse former President Mahama’s decision to remit the sentences of the accused persons from four months to one month.

Subsequently, the apex court combined the three suits in 2017, and ordered the three parties to file a memorandum of issues for the consideration of the court.

The applicants argued that upon a true and proper construction of articles 14 (1)(b), 19 (12), 72 (1) and (3), 125 (1) and (3), 126 (2) and 127 (1) of the 1992 Constitution, the purported grant of a remission of the punishment of four months imposed on Mugabe, Nelson and Gunn was in excess of the powers conferred on the President of Ghana by Article 72 (1) of the 1992 Constitution, an unjustified interference with the independence of the Judiciary and thus an affront to the Constitution of Ghana.

They, therefore, prayed the court to declare as null, void and of no legal effect the remission of the sentences of the three persons by former President Mahama.

It would be recalled that the Montie 3 were in July 2016 found guilty of criminal contempt by the Supreme Court after they had threatened the lives of the justices.

They were accordingly tried by the court and were each sentenced to four months’ imprisonment.

Interestingly, two petitions were initiated and signed by top NDC government officials and some sympathizers in an attempt to compel the then President Mahama to exercise his prerogative of mercy per Article 72 of the Constitution.

On Monday, August 22, 2016, the former President eventually exercised the power in consultation with the Council of State after the convicts had spent about a month in prison.

By Vincent Kubi

 

 

 

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