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21.03.2018 Crime & Punishment

Court Adjourns Petition Against 'Montie Three'

By GNA
Court Adjourns Petition Against 'Montie Three'
21.03.2018 LISTEN

Accra, March 20, GNA - The Supreme Court on Tuesday adjourned to March 28 a petition filed against the presidential pardon given to the montie Three' in 2016.

This is to enable the lawyers in the case to file their memorandum of issues.

The seven-member panel presided over by Justice Sophia Adinyira adjourned the matter to give the judges ample time to study the case.

She told the petitioners that they had a whole year to do that but failed to do so only for one of them to file one on Tuesday March 20, same day the case was called.

Justices Jones Dotse, Anim Yeboah, A. A. Benin, Yaw Appau, Gabriel Pawamang and Baffoe Bonnie were theother justices that constituted the seven-member panel of the Court on the petition.

The plaintiffs are, Nana Asante Bediatuo; Elipklim Agbemeva; and Alfred Yeboah represented by lawyers Mr Bright Obeng Manu; Mr Akoto Ampaw; and Mr Ernest Owusu Dapaah.

The Attorney General was represented Ms Grace Oppong, a Principal State Attorney.

The petitioners are 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 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 have pleaded with the apex court to declare the pardon null and void.

They claim the Presidential pardon granted the three was unconstitutional as the former president purportedly exploited the exercise of the prerogative of mercy.

They further claim 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.

They pray that should the court find the case meritorious the montie three should be sent back to jail to finish their jail terms.

The three were convicted on July 27, 2016 but were granted Presidential pardon in August 2016, after serving a little over three weeks in jail.

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