The contrived pardon

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• CORNEY 9 years ago

  I was so shocked by this decision that I decided to abandon the NDC

  I was so shocked by this decision that I decided to abandon the NDC

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• Prof. Issifu, USA 9 years ago

  Most of the President's official decisions betray him as a fool (sorry to say this). Examples include Ford bribe, Gitmo 2, missing speech at ECOWAS meeting in Accra etc. The MONTIE 3 must be hauled back to prison soon.

  Most of the President's official decisions betray him as a fool (sorry to say this). Examples include Ford bribe, Gitmo 2, missing speech at ECOWAS meeting in Accra etc. The MONTIE 3 must be hauled back to prison soon.

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• Kwaku Gbloenawo 9 years ago

  Sydney I disagree entirely with your analysis. When discretion is conferred on someone, it is believed the person is fit to make sound judgement that will be respected by those who vested the discretionary powers.
  Let's come ...
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  Sydney I disagree entirely with your analysis. When discretion is conferred on someone, it is believed the person is fit to make sound judgement that will be respected by those who vested the discretionary powers.
  Let's come to the Supreme court, for good governance (for which I am an expert), one must avoid or perceptions of conflict always. If the judges adhered to such convention, they will have allowed another court to try the Montie 3 and not by themselves. You will agree that in contempt cases, it is not law that is judged but the failure to respect the court. So the ruling is emotional. If they broke the law (threatening) then they should have been tried normally by the AG's department quoting the relevant laws they have breached and the court will pass the appropriate sentences.
  But in this case, the Supreme Court justices prosecuted, judged and sentenced by themselves ( a great absurdity). It was this absurdity that led the President (upon the advise of the Council of State) to show mercy. I do not see the political twist to this because if he had not given the pardon, the opposition will have jubilated that their opponents are wallowing in jail and the ruling party supporters would also have turned against their leader. SO LET US LEAVE THE POLITICS OUT OF THIS AND ARGUE LAW AND COMMONSENSE!
  Our Constitution is well crafted so the the authority of the state is shared among different institutions to enable checks and balances. Absolute authority of the State does not reside in the Supreme Court but the highest legal or judicial authority does. The President holds the highest authority of governance of the state and is the only person clothed with the ultimate discretion of pardon.
  We must be careful not to undermine his authority when we do not clearly know what he and the Council of State considered in coming to their conclusions. Long live Ghana!!!

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• Prof. Issifu, USA 9 years ago

  In a democracy, sovereignty does not reside with the President. Otherwise the President will not be touring the length and breadth of Ghana begging for votes. Thus, the "ultimate discretion of pardon" needs to be exercised in ...
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  In a democracy, sovereignty does not reside with the President. Otherwise the President will not be touring the length and breadth of Ghana begging for votes. Thus, the "ultimate discretion of pardon" needs to be exercised in the interest of the general welfare of Ghanaians and not the NDC party. In other words, the exercise of discretionary powers must be prudent, cautious, fair or unbiased nor ultra vires! Based on your own analysis, the President granted the pardon to avoid a situation where the NPP could be jubilating if the MONTIE 3 were kept in prison. How can one justify discretionary powers on such a partisan basis? Regarding your absurdity argument, there have been precedents in Ghana but the President didn't pardon the victims (SC vrs Ken Kruanche). Where was the President? Those who are trying to justify the MONTIE 3 pardon are gradually exposing their biases (eg. Prof. Kwaku Asare, Martin Amidu) because of their inconsistence in consistency!

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• Okonko Palm 9 years ago

  The supreme authority of the state lies in the hands of the president and he alone has the discretionary powers under the constitution to pardon.
  
  The political decision of the sc under Akufo's cousin did not only defy comm ...
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  The supreme authority of the state lies in the hands of the president and he alone has the discretionary powers under the constitution to pardon.
  
  The political decision of the sc under Akufo's cousin did not only defy commonsense but also natural justice which has its base in morality.
  
  Nobody and common sense should tell us that nobody can be a judge in his or her own case or a case in which there is an interest.The blatant disregard of this principle of natural justice makes the court's decision morally void and the law can also not support such stand as it has always done.
  
  The politicization of the courts is obvious to all.The petition by the the npp and the cowardly tolerance by the supreme court not to have dismissed that petition as frivolous and vexatious without merit exposed the courts to political maneuvers which the opposition is continuing to capitalize on.
  
  The president took a moral stand when the sc gave the NPP Secretary General sir John a slap on the wrist for a worse offense.In this case the contemnors'one month imprisonment was more than had been meted out to any contempt case in Ghana and so the president was fair in his approach.
  
  The media houses were all guilty of intemperate language because the institution of news stands were vying for stupidity including the pro npp news media who were even more intemperate with Ken Agyapong an MP spearheading that stupidity.
  
  A warning and a fine plus a short imprisonment or bond to be of good behavior for a period would have achieved the same purpose but to the sc they decided on an emotional decision which must not be allowed and they got it wrong.

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• Kwadwo 9 years ago

  Mahama acted capriciously and is not what the constitution was intended. The unique parameters of contempt of Court should have reminded Mahama how abhorrent his pardon decision is. What a joke.

  Mahama acted capriciously and is not what the constitution was intended. The unique parameters of contempt of Court should have reminded Mahama how abhorrent his pardon decision is. What a joke.

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• KKO 9 years ago

  Why do you think the judges stepped in to try those rogues? The NDC government has rendered the police and the AG's department impotent when it comes to case involving NDC apparatchiks.
  
  Bearing in mind the history of the ( ...
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  Why do you think the judges stepped in to try those rogues? The NDC government has rendered the police and the AG's department impotent when it comes to case involving NDC apparatchiks.
  
  Bearing in mind the history of the (P)NDC in relation to the judges of the superior courts of Ghana, could they really sit and do nothing?
  
  The president was dead wrong in intervening in this matter. He has proved that he is not a smart person at all. It is not surprising that he uses such foul language.
  
  I am not sure what kind of governance you are expert in but if people like you are anywhere near the governance of Ghana, it is not surprising that our country is in such a mess!
  
  Sydney is dead right. We need to take our country back form the jungle that Mahama has landed it in.

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• Jay Jay 9 years ago

  The president is serving the interest of his party not Ghana as a nation. how can the president underpin the power of the judiciary?
  If the judges were his family members, would he have pardoned them?
  The wind for CHANGE mu ...
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  The president is serving the interest of his party not Ghana as a nation. how can the president underpin the power of the judiciary?
  If the judges were his family members, would he have pardoned them?
  The wind for CHANGE must blow.

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• Koliko 9 years ago

  ...or write in Twi, if indeed you know that too.

  ...or write in Twi, if indeed you know that too.

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