A Ghanaian citizen, Elikplim Agbemava, has filed a writ at the Supreme Court seeking an injunction on President John Dramani Mahama and the Council of State from taking an action on a petition seeking, ultimately, pardon for the ‘Montie 3’.
‘Montie 3’ refers to the Montie FM presenter, Salifu Maase, and the two panellists, Alistair Nelson and Godwin Gunn, who were sentenced to four months in prison for contempt.
After the Supreme Court’s judgement on July 27, there were calls on President Mahama to invoke Article 72 of the 1992 Constitution to get the three prisoners out.
A petition with signatories including government and National Democratic Congress (NDC) functionaries was sent to the president for a presidential pardon for the Montie 3.
The petition submitted by lawyers of the imprisoned was received by the Chief of Staff, Julius Debrah.
The petition was later forwarded to the Council of State for advice.
But Mr Agbemava, who is a private legal practitioner, is seeking a “true and proper” interpretation of articles 72 and 296 of the constitution.
According to him, the “true and proper” interpretation is that the president and the Council must exercise the prerogative of mercy in a judicial manner that assures the people of “some certainty, consistency and fairness in the process that lead to the granting of pardons”.
Among the reliefs he is seeking from the Court is a “declaration that any decision by the president in consultation with the Council of State to grant or refuse a pardon is not one to be made on the basis of the political question doctrine that can be made without reasons being given for the exercise of such power”.
Mr Agbemava also wants an interlocutory injunction to be slapped on President Mahama and the Council until the case is completed.
The suit is against the Attorney General, who has 14 days within which to respond.
Source: 3news.com|Ghana
Twitter: @3Newsgh