Lawyer goes to court to have Montie trio back in jail

The Regional President of the Ghana Bar Association in the Brong Ahafo Region, Alfred Tuah–Yeboah has filed an application at the Supreme Court to have the remission granted the Montie trio by President John Mahama reversed.

In his application, the private legal practitioner argued that the President's powers of pardon granted under article 72 of the constitution does not include convictions of contempt of court.

The three; Alistair Nelson, Godwin Ako Gunn and Salifu Maase, alias Mugabe were released from prison last Friday, August 26 after a presidential pardon.

They were jailed four months and a fine of GHc10,000 each for contempt after they threatened to unleash mayhem on judges in the country if they made demeaning judgment against the Electoral Commission.

Alfred Tuah – Yeboah said he is among other things praying the court to declare the remission as null and void and the trio sent back to jail to complete their remaining terms.

“I'm going to the Supreme Court for interpretation as to whether article 72 upon its true meaning and interpretation would encompass conviction or punishment on him that per the laws of Ghana, the constitution and other provisions in the constitution, whether article 72 entails limited criminal offenses as well as contempt proceedings initiated by the Attorney General.”

He said the second aspect of his application “has to do with…whether the president has the power to pardon or remit under article 72 including contempt.”

“Also my contention is that the president in exercising that power under article 72 did not comply with article 296 (c) of the constitution. And the last aspect, I am asking the court to also look at if indeed the President erred then whatever he did should be declared null and void and these three gentlemen be made to go back and serve their sentences,” the lawyer added.

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By: Godwin A. Allotey/citifmonline.com/Ghana
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