[ 2016-08-30 ]

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.

Source - citifmonline.com

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