Montie 3 case: Parties given 21 days to file legal arguments

Montie 3 Guys Alistair Nelson, Godwin Ako Gunn and Salifu Maase were convicted for contempt in July 2016

Thu, 29 Mar 2018 Source: ghananewsagency.org

The Supreme Court on Wednesday gave the parties in the petition filed against the presidential pardon granted to the “Montie Three” in 2016, 21 days to file their legal arguments simultaneously.

The seven-member panel presided over by Justice Sophia Adinyira said if there were to be any reply, parties would be allowed to do so orally.

When sitting resumed, Dr Ernest Owusu Dapaah, who represented Elikplim L. Agbemava, one of the petitioners in the matter, informed the Court that they had filed the joint Memorandum of issues on March 20, this year and pleaded with the Court to adopt same.

“So I take it that you all agree to that,” Justice Adinyira said.

The apex court of the land, therefore, adjourned the matter to a later date.

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

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 and 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.

Other members of the panel are Justices Jones Dotse, Anim Yeboah, A. A. Benin, Yaw Appau, Gabriel Pwamang and Baffoe Bonnie.

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

Source: ghananewsagency.org
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