Mahama's pardon could be reviewed at Supreme Court - Ace Ankomah

Europa

August 25, 2016 11:48 AM

The Montie three, Alistair Nelson, Godwin Ako Gunn and Salifu Maase alias ‘Mugabe’ were sentenced to four months in prison by the Supreme Court following contempt proceedings against them.

Ace Ankomah, legal practitioner

President John Mahama’s decision to grant remission to the Montie three could be challenged by an application for review at the Supreme Court, Private Legal Practitioner, Ace Anan Ankomah has said.

According to him, the president’s use of his prerogative of mercy, in this case, has provided a legal opportunity for clarity on the exercise of the Article 72 powers granted by the constitution.

The president, late on Monday, August 22, 2016, freed the three men.

READ ALSO: Montie 3 Pardon

A statement signed by the Communications Minister Dr Omane Boamah said the decision was taken on the advice of the Council of State and was on compassionate grounds.

The decision has not gone down well with some sections of the public, who believe that the authority of the Judiciary is being undermined.

A Member of the Council of State, the body which advised President John Mahama to free the Montie three, has dared anyone who disagrees with their decision to go to court for redress.

Ace Ankomah subsequently argues that the exercise of the President’s Article 72 powers had to be tested “against the standard for the exercise of all constitutional donated powers. The exercise must be fair, it must be exercised in a candid manner, it must not be capricious, arbitrary or based on bias.”

“Every power that is donated by the constitution is not absolute and that if the test under the constitution is not met, the court then has the power to do a judicial review of it,” the legal practitioner told Accra-based Citi FM.

The contempt proceedings came after the three threatened the lives of Supreme Court judges who sat on the Abu Ramadan and Gary Nimako versus the Electoral Commission case.

A petition book was subsequently opened by pro-government group Research and Advocacy Platform (RAP) to collect signatures of Ghanaians to implore the president to exercise his prerogative of mercy powers to free the three contemnors.

After spending 27 days in jail, the three can now heave a sigh of relief as they have been granted a pardon.

Europa