Supreme Court today hears petition to declare pardon of Montie three null and void

The Supreme Court will this morning, hear a petition filed by three Ghanaian legal practitioners against the Attorney-General and Minister of Justice challenging the constitutionality of former President John Dramani Mahama, granting presidential pardon for the " Montie 3", who were jailed for contempt of court on July 27, 2016. 

The plaintiffs, Nana Asante Bediatuo, Messrs, Elikplim Agbemava and Alfred Tuah-Yeboah, contend that "The president cannot arrogate unto himself powers exclusively within the bosom of the Judiciary by the Constitution of Ghana.' 

They are further seeking the Apex Court to 'strike down as null, void and of no effect the purported of  pardon  grant by the President of Ghana, of a remission of the punishment of four (4) months imposed on Salifu Maase, also known as Mugabe, Alistair Nelson and Godwin Ako Gunn, for having acted in contempt of the Supreme court of Ghana, to the extend that same is in excess of the powers conferred on the President of Ghana, by Article 72(1) of the 1992 Constitution Constitutes an unjustified interference in the independence of the Judiciary and, therefore, an affront to the Constitution of Ghana.' 

On the part of Nana Bediatuo, a Constitution Lawyer, the former president's purported and unwarranted exercise of the prerogative of mercy in the specific case in issue, is 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 the independence of the Judiciary.

SOURCE: GHANAIANTIMES
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