Article 72 must be amended – Governance expert

A governance expert says although the President did not err in law when he granted the remission of a four-month jail sentence to the Montie 3, the law that grants him the power to do that needs clarity.

Dr Eric Oduro Osai a lawyer and Dean of Graduate Studies and Research at the Institute of Local Governance Studies believes President John Mahama acted lawfully when he directed that Alistair Nelson, Godwin Ako Gunn and Saalifu Maase be released on Friday August 26.

“He has not flouted anything in the Constitution”, he said on current affairs programme, PM Express on the Joy News channel on Multi TV, Tuesday.

He however, suggested that Article 72 of the Constitution must be amended to clarify the circumstances under which the President can exercise his prerogative of mercy.

The current wording of Article 72, according to him, is open-ended.

“It can be applied to any offence committed. We need to bring clarity to bear. For instance we can mention the category of offences that the President can exercise his prerogative of mercy,” Dr Osai said.

Another panelist on the late night current affairs programme, David Agbe, Executive Director for Institute for Ghana Institute of Governance and Security (GIGS) also said in his view, the President acted appropriately.

“Looking at the Constitution, I think the it says the President is allowed that prerogative especially Article 72(d),” he said.

The President on Monday remitted the sentence of the trio, a month into their four months jail term.

The three known members of the governing National Democratic Congress (NDC) had threatened to kill judges of the Supreme Court during a political talk show on a pro-government radio station, Montie FM.

They were of the view that the Court was biased in a ruling that ordered the Electoral Commission to delete names of National Health Insurance Scheme card registrants from the voter’s register.

The three men together with Directors of the radio station pleaded guilty and were sentenced.

After the sentence, a petition was presented to the President by members of the NDC who say the sentence was harsh.

There were protests by members of the governing party to have the President activate his powers of mercy under Article 72 and free the convicts.

Barely a month in jail, the president, on the advice of the Council of State announced the decision to remit the sentence handed to the convicts.

President Mahama’s decision to free the three has been lauded, but it has also earned the displeasure of critics who say the decision is an insult to the Judiciary.

However speaking on PM Express, Dr Osai said the mixed reaction that has greeted President Mahama’s decision is the result of the vagueness of Article 72.

Story by Ghana | Myjoyonline.com | George Nyavor | [email protected]