The Montie three; Alistair Nelson, Godwin Ako Gunn and Salifu Maase were on Friday, August 26, 2016, released from Akuse prison after President John Mahama remitted their four-month prison sentence.
A statement signed by the Communications Minister Dr Omane Boamah said the decision was taken on the advice of the Council of State and was on compassionate grounds.
The decision has not gone down well with some section of the public who believe that the authority of the judiciary is being undermined.
The trio were sentenced to four months in prison by the Supreme Court following contempt proceedings against them.
A legal practitioner based in Sunyani in the Brong Ahafo region has filed a suit challenging President Mahama’s decision to remit the sentence of the Montie 3.
Alfred Tuah Yeboah in his suit filed against the Attorney-General is praying the Supreme Court for a declaration that upon a true and proper interpretation of Article 72 of the 1992 Constitution, the president’s power of prerogative of mercy “is limited to convictions ‘for criminal offences’ and does not include convictions for contempt arising from the inherent jurisdiction of the court.”
He is also praying the court to also have the three remitted men serve the rest of their sentence.
The suit stated that the reliefs being sought include “a declaration that the grant of remission of sentence to Godwin Ako Gunn, Alistair Nelson and Salifu Maase alias Mugabe who were sentenced to four (4) months imprisonment by this Court based on its own inherent Jurisdiction under Article 126(2) of the 1992 Constitution for contempt is contrary to Articles 72 and 296(c) of the 1992 Constitution and is, therefore, void and of no legal effect.”
“An order of the Honourable Court reversing the remission of sentence which was granted to the three (3) persons mentioned supra and the said convicts be made to serve the remaining prison terms.”
No comments:
Post a Comment