Although the 1992 Constitution of the Republic of Ghana empowers the president to grant presidential pardon to convicted persons or remit part of their prison term, President John Dramani Mahama failed to exercise that power as president of the country in the case of the remission granted the three Montie FM contemnors, Joseph Osei-Wusu, Ranking Member on the Legal, Constitutional and Parliamentary Affairs Committee of parliament has said.
According to the Bekwai MP, Mr Mahama exercised the powers as a leader of his political party, the National Democratic Congress (NDC), instead of acting as the president of Ghana.
President John Mahama on Monday remitted the remainder of the four-month jail sentence imposed on Salifu Maase (Mugabe), Alistair Nelson, and Godwin Ako Gunn for scandalising the court and bringing its name into disrepute.
A statement signed and released on Monday, 22 August, by Communications Minister Dr Edward Omane Boamah said: “The President of the Republic of Ghana, His Excellency John Dramani Mahama, has, in consultation with the Council of State and in exercise of his constitutional powers under Article 72 of the Constitution, remitted the remainder of the prison sentence imposed on three persons: Salifu Maase (alias Mugabe), Alistair Nelson, and Ako Gunn, who were sentenced to four months’ imprisonment and a fine of GHS10,000.00 each for contempt of court. The remission is effective 26th August, 2016.”
“The three were sentenced on 27th July, 2016 and have served part of the prison sentences imposed on them. They have also paid the GHS 10,000.00 (ten thousand cedis) fines. The decision of His Excellency the President to remit their sentences on compassionate grounds follows a petition submitted to him by the contemnors appealing to the president to exercise his prerogative of mercy even as they continue to express deep remorse and regret for the unacceptable statements they made against the judiciary.
“His Excellency President Mahama takes this opportunity to remind all Ghanaians of the need to respect the institutions of state and exercise freedom of speech responsibly mindful of the need to preserve peace and national unity. The president reminds all concerned especially persons working in the media or appearing on its platforms to be circumspect and guard against the use of intemperate language which has the potential of causing unnecessary tension especially in this election year.
“The President is hopeful that all will draw lessons from the events leading to the conviction of the three persons and bear in mind the consequences of injudicious utterances.”
But speaking in an interview with Chief Jerry Forson, host of Ghana Yensom on Accra 100.5 FM on Tuesday August 23, Mr Osei-Owusu said: “The president has exercised his political power to abate a judicial punishment; that is his choice. But for the consequences, it is up to the rest of the country to look at. What they [contemnors] failed to get in the court room, they got it through politics.
“Every year the president exercises his power of mercy as enshrined in the constitution and so ordinarily there wouldn’t be anything questionable with the pardon of the Montie Three, but it is very sickening that members of the president’s party and his cabinet ministers coerced the president to free them.
“It is true that he has the constitutional power but in this instance he has exercised the constitutional power for the benefit of his political party operatives; nothing more. He did not work as president of Ghana – he worked as NDC leader in this matter.
“The president hasn’t erred because he has the power but the powers were given to him to work as president of Ghana, not NDC leader.”
Source: Ghana/AccraFM.com
