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25.11.2018 Feature Article

A Mere Layman's Review To The Learned

A Mere Layman's Review To The Learned
25.11.2018 LISTEN

Pardon granted ‘Montie 3’ upheld by Supreme Court. Should the Apex Court of the Land Review its own decision?

Article 19(11) of the 1992 Constitution of Ghana gives meaning to the old legal maxim " Nullum crimen nulla poena sine lege praevia lege poenali".

Article 19(12) is the only article that defies the principle of the maxim, and for that matter, article 19(11) and grants the Superior Courts to protects its dignity and authority. In a case of contempt, the Superior Courts exercises its judicial powers and no person or authority can interfere as established by article 127(2).

Article 127(2) Neither the President nor Parliament nor any person acting under the authority of the President or Parliament nor any other person whatsoever shall interfered with Judges or judicial officers or other persons exercising judicial power, in the exercise of their judicial functions; and all organs and agencies of the State shall accord to the courts such assistance as the courts may reasonably require to protect the independence, dignity and effectiveness of the courts, subject to this Constitution.

Reference above submission, is the exercise of prerogative mercy by Ex-President Mahama to release the "Montie 3" convicted of contempt of court and it being upheld by the Supreme Court constitutional?

Doesn't it violate and defeat the concept of separation of powers by the 1992 Constitution of Ghana?

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