A Brong Ahafo-based lawyer has filed a suit over President John Mahama’s decision to free the ‘Montie three’.
The lawyer, who is the regional president of the Ghana Bar Association, says the article 72 of the constitution does not allow the president to grant pardon to prisoners of contempt.
In a suit filed at the Supreme Court Monday Alfred Tuah-Yeboa is pleading with the apex court to give proper interpretation to article 72 of the constitution.
“A declaration that upon a true and proper construction and / or interpretation of Article 72 of the 1992 Constitution of the Republic of Ghana, the power of the President of the Republic of Ghana to exercise prerogative of mercy is limited to criminal convictions and convictions from contempt proceedings initiated by the Attorney General of the Republic of Ghana only.
” A declaration that the grant of remission of the sentence to Godwin Ako Gunn, Alistair Nelson and Salifu Maase alias Mugabe who were sentenced to four months’ imprisonment by the Court for contempt is contrary to Article 72 and 296(c) of the 1992 Constitution and is, therefore, void and of no legal effect,” the writ said.
President Mahama has granted pardon to the three upon the advice of the Council of State.
A statement announcing their release said : “The President of the Republic of Ghana, His Excellency John Dramani Mahama, has, in consultation with the Council of State and in exercise of his constitutional powers under Article 72 of the Constitution, remitted the remainder of the prison sentence imposed on three persons: Salifu Maase (alias Mugabe), Alistair Nelson, and Ako Gunn, who were sentenced to four months’ imprisonment and a fine of GHS10,000.00 each for contempt of court. The remission is effective 26th August, 2016.”
-Starrfmonline