‘Article 72’ suit against Mahama won’t see light of day - Kwakye Ofosu

Deputy Communications Minister Felix Kwakye Ofosu says he doubts the suit filed by a Sunyani-based lawyer challenging the powers of the president under Article 72 will see the light of day.

The Sunyani-based lawyer, Alfred Tuah–Yeboah, filed the suit in court challenging the powers of the president under Article 72, with the ultimate aim of reversing the remission of three persons recently jailed for contempt by the Supreme Court.

Article 72 of the 1992 Constitution gives the president the power to grant pardon or remit sentences of persons serving various jail terms, but Alfred Tuah–Yeboah is arguing that those convicted for contempt do not qualify for remission.

But the deputy minister says the suit will not see light.

“It is becoming fashionable these days to have all manner of people rush to court with all manner of frivolous suits only to have their cases thrown out.”

He cited an example the Ghana Bar Association (GBA), the umbrella body of lawyers, taking the president to court over his capacity to appoint the Electoral Commissioner and some judges to various courts.

“It does appear to me that there are a group of people in this country who believe that the powers that President Mahama wields which all other presidents before him and after him have either wielded or will wield should not be exercised and that anytime he does anything it must be subjected to the most frivolous of challenges.”

According to him, as far as government is concerned, the president acted constitutionally and the propaganda by “NPP” lawyers and others running around claiming that there has been some wrong doing should be ignored.

He expressed belief that President Mahama acted within the constitution of the Republic of Ghana.

“Presidents before him used it and this is the same article President Kufuor relied on to free people who had committed murder, armed robbery and even members of the NDC who had been incarcerated like Mr. Tsikata and Mr. Kwame Peprah and the likes were given pardon by president Kufuor”.