The Supreme Court has dismissed a legal action challenging President John Dramani Mahama’s remission of the sentence infamous Montie three.
In a 5 – 2 majority decision, the apex court stated that it cannot question the decision taken by the President at the time adding that the then President followed due process in taking the decision.
The plaintiffs, Nana Asante Bediatuo; Elipklim Agbemeva; and Alfred Yeboah represented by lawyers Mr Bright Obeng Manu; Mr Akoto Ampaw; and Dr Ernest Owusu Dapaah were challenging the constitutionality of the pardon granted by former President John Dramani Mahama to three National Democratic Congress activists who threatened Supreme Court justices on radio and later came to be known as the Montie Three.
The activists – Mr Alistair Nelson, Mr Godwin Ako Gunn and Mr Salifu Masse – were later convicted and sentenced to four months imprisonment for contempt of court.
To the Plaintiffs, the former president could not arrogate unto himself powers exclusively within the bosom of the judiciary per the 1992 Constitution of Ghana.
They pleaded with the apex court to declare the pardon null and void.
They claimed that the Presidential pardon granted the three was unconstitutional as the former president purportedly exploited the exercise of the prerogative of mercy.
They further claimed that in this particular case, it was tantamount to an exercise of judicial functions in a matter not within the scope of Article 72 (1) and undermines the principles of separation of powers and independence of the judiciary.
Source: Ghana/Starrfmonline.com/103.5FM
