The Montie 3 controversy: My perspective

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Okonko Palm 9 years ago

Professor Asare's main objection is not about the imprisonment but the procedure whereby an indirect contempt was handles as if the contempt was direct contempt.

If the sc had not been political,they would have respected t ...
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Professor Asare's main objection is not about the imprisonment but the procedure whereby an indirect contempt was handles as if the contempt was direct contempt.

If the sc had not been political,they would have respected the difference and acted accordingly.

What transpired in that court was as if the sc was dealing with a direct contempt in other words It is direct when it occurs under the court's own eye and within its own hearing.On the other hand it is indirect when it occurs out of the presence of the court, thereby requiring the court to rely on the testimony of third parties for proof of the offense.

What took place in our supreme court was Criminal Indirect Contempt of Court, as they claim even though it was a clear case of threat, which is a criminal charge.

Defendants charged under indirect contempt are afforded all the usual privileges of other criminal defendants, like the right to a fair trial , to examine, and to call, witnesses, and to testify on one's own behalf.

Our supreme court therefore breached one of the fundamental rules governing contempt of court.This is the objection all along.The setting of the case was wrong and therefore everything that followed.As it is the sc erred in a big way.
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CITIZEN 9 years ago

THANKS FOR YOUR COMMENTS , YOU'RE A GOOD REFREE IN THIS MUNTIE 3 SAGA. IN GHANA,WE HAVE THE ANGELIC AND SATANIC PEOPLE. I AM NOT SURPRISE AT ALL BY THE ACTIONS OF PRESIDENT FORD MAHAMA, A CADRE OF THE NOTORIOUS PNDC ..THE FAT ...
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THANKS FOR YOUR COMMENTS , YOU'RE A GOOD REFREE IN THIS MUNTIE 3 SAGA. IN GHANA,WE HAVE THE ANGELIC AND SATANIC PEOPLE. I AM NOT SURPRISE AT ALL BY THE ACTIONS OF PRESIDENT FORD MAHAMA, A CADRE OF THE NOTORIOUS PNDC ..THE FATHER OF NDC. THEY PLOTTED AND MURDERED DEMOCRACY IN GHANA BY OVERTHROWING A CONSTITUTIONAL GOV'T IN 1982.ABDUCTED AND KILLED INNOCENT JUDGES, MILITARY OFFICERS,CIVILIANS AND COLLAPSED THE ECONOMY IN FAVOUR OF RAWLINGS - CHAIN .CAN YOU IMAGINE, A FLT LT (CAPTAIN ) SIGNING THE DEATH WARRANTS OF 3 FMR HEADS OF STATE AND DISTINGUISHED GENERALS IN THE GHANA ARMED FORCES WITHOUT TRIAL? IS RAWLINGS NOT A HERO IN GHANA? A MURDERER AND CORRUPT FRIEND OF WICKED GEN ABACHA, WALKING FREELY AND RECEIVING HAND-SHAKES IN PUBLIC FROM PRIESTS, IMMAMS ETC. WHAT DO WE EXPECT FROM HIS CADRES LIKE JOHN FORD MAHAMA? THE SATANIC HAVE NO SHAME !
BOY KOFI 9 years ago

The NPP is hoping to reap political capital from the Montie saga but unfortunately the President of the Republic has fouled the NPP's conspiracy theory.They should try another game.Thank you.

The NPP is hoping to reap political capital from the Montie saga but unfortunately the President of the Republic has fouled the NPP's conspiracy theory.They should try another game.Thank you.
vicky 9 years ago

Despite their petition they can't deny the fact that they are now ex-convicts.

Despite their petition they can't deny the fact that they are now ex-convicts.
kwaw yalley 9 years ago

listen to what the general has put out there and stop this nonsense

listen to what the general has put out there and stop this nonsense
Bernard 9 years ago

Oh Ghana we lack leadership

Oh Ghana we lack leadership
mohadeen 9 years ago

wasc 2016

wasc 2016
Luze 9 years ago

Lets stop following this useless argument because is pearly politics, the constitution is superior than any other law in Ghana. Ghanaians should also see the type of law lecturers we have in our law schools.

Lets stop following this useless argument because is pearly politics, the constitution is superior than any other law in Ghana. Ghanaians should also see the type of law lecturers we have in our law schools.
jackline 9 years ago

NDC loss on coming election

NDC loss on coming election

garzy 9 years ago

ei Ghana be booshit

ei Ghana be booshit
Nana JB 9 years ago

I have always said that our Prez Mahama will resign before this year's election. My heart rejoices as l see it coming. What kind of Prez is this koraa? Every chance he gets, he only uses to disgrace, insult, steal from, and k ...
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I have always said that our Prez Mahama will resign before this year's election. My heart rejoices as l see it coming. What kind of Prez is this koraa? Every chance he gets, he only uses to disgrace, insult, steal from, and kill Ghanaians
oheneba k. apotiba 9 years ago

No one is above the law. any Ghanaian who has a problem with the remission of the montie 3 by the president is sick and need to be educated for one year to have an in depth knowledge about the constitution

No one is above the law. any Ghanaian who has a problem with the remission of the montie 3 by the president is sick and need to be educated for one year to have an in depth knowledge about the constitution
Marcus Moroti 9 years ago

I beg to differ on this issue. in my opinion the supreme court and the legal council for the montie 3 erred in the whole legal process. once there was a criminal aspect of the case it should have been referred to the attorney ...
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I beg to differ on this issue. in my opinion the supreme court and the legal council for the montie 3 erred in the whole legal process. once there was a criminal aspect of the case it should have been referred to the attorney generals department for the legal process to proceed at the high court so that there could be an appeal if the accused are not pleased with the judgment. the case could thereafter be referred to the supreme court. the supreme court flouted a rule of law which says that " one can't be a judge in a case he has an interest in". this case had to do with the supreme court hence the likelihood for harsh punishment to me meted on the accused once the supreme court trialed them. in as much as I do not agree with the threats i think the right legal processes should have been followed. the president and the supreme court both derive their powers from the constitution hence if the president acted in accordance with the constitutional provision, then he is not wrong. the constitutional provisions ensure that the various arms of government keep one another in check to prevent absolute abuse of power. the president didn't disrespect the supreme court because he did not interfere with its proceedings nor rubbished its verdict, however after the convicts had served one month of their four months sentence he applies the constitutional provision to free them. if the president had not intervened we may in the near future have a situation where people will be sentenced to prison by the supreme court without going through the properly laid down legal processes.
lexis 9 years ago

good message from the General

good message from the General
Kwabena kazzy 9 years ago

we need good leader in Ghana ooo, is not John John John mahama, and the montie 3 are stupid foor they destroy Ghana ooooooo toooooom

we need good leader in Ghana ooo, is not John John John mahama, and the montie 3 are stupid foor they destroy Ghana ooooooo toooooom
Emmanuel 9 years ago

Thank u Cedric, perhaps the period u could hold the rest of Ghana to ransom is over which is why u are killing itself just take it easy. we have always had these kind of sentiments anytime governance is not in ur hands since ...
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Thank u Cedric, perhaps the period u could hold the rest of Ghana to ransom is over which is why u are killing itself just take it easy. we have always had these kind of sentiments anytime governance is not in ur hands since the period of Nkrumah. unfortunately, days of CIA is over and u know u can do very little. I guess to u people, since the inception of the forth republic it is only President Mahama that have taken unconstitutional, immoral and nonsensical executive decisions. when it came to Supreme Court Justices appointment, appointment of Electoral Commission Chairperson among others u were contemplating whether presidents should be allowed to perform that function. Former president Rawlings received gifts in this country, Former president Kuffour received gifts in this country and nobody raised a concern about that. But president Mahama received a Ford gift and even added it to the state's pool of vehicles yet u are fighting tooth and nail to clothe it as bribe. well u are about to start an impeachment proceedings in parliament let's see how it will serve ur purpose. Finally, young man u s"Today's Ghana"? No single individual or group can claim exclusive ownership of it. u may try but u won't succeed and as for the disgruntled elements u are using for ur selfish ends they will suffer to it. God bless Ghana.
Ahmad tijan 9 years ago

Well said, Ghanaians needs a truefull person like u.

Well said, Ghanaians needs a truefull person like u.
mr. Mass 9 years ago

You have said your mind brother, but I believe you are also wrong. the law doesn't care about Morality.

You have said your mind brother, but I believe you are also wrong. the law doesn't care about Morality.
THEOPHILUS Dorkutcho 9 years ago

The are two issues before the court; the contempt and the issue of threat which is criminal. The sc made it clear that the latter was for the attorney General to handle and take action on their behalf as it was crime against ...
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The are two issues before the court; the contempt and the issue of threat which is criminal. The sc made it clear that the latter was for the attorney General to handle and take action on their behalf as it was crime against the state and not the court. The former was an act against the court and the power to take a cause of action is inherent in the court; regardless of article 88 of the constitution. The court however had no option left when institutions mandated to carry out or initiate such exercise compromised themselves from the beginning. The last straw they(sc) can hold onto to save the image and sanctity or the integrity and authority of the court was what they did. I see nothing erroneous, untoward or illegal about their actions. My only worry is to find out whether what the president did was constitutional or legal.

Nathaniel Anati 9 years ago

I wonder where you were when the judge said not even the president can't order them around. what was your opinion on that. you can pretend to be like the ostrich we don't care. your conscience will judge you for this selectiv ...
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I wonder where you were when the judge said not even the president can't order them around. what was your opinion on that. you can pretend to be like the ostrich we don't care. your conscience will judge you for this selective commentary.
owusu Benjamin 9 years ago

president is not the only one,who has used the prerogative of rights President JJ Rawlings did some,

president is not the only one,who has used the prerogative of rights President JJ Rawlings did some,
Bismarck Asempah 9 years ago

my brother just let them continue to abuse power God is watching.

my brother just let them continue to abuse power God is watching.
Francis 9 years ago

Pls Ghanaians should allowed president Mahama to think better for the coming 2016 election

Pls Ghanaians should allowed president Mahama to think better for the coming 2016 election
success 9 years ago

You did well. Ghana first

You did well. Ghana first
Kwame Boateng 9 years ago

The NDC will kill Ghanaians there's no sense in whatever montie people should have been judged to death.
President John Mahama is not from God he's an agent of Satan.

The NDC will kill Ghanaians there's no sense in whatever montie people should have been judged to death.
President John Mahama is not from God he's an agent of Satan.

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The Montie 3 controversy: My perspective

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