No Constitutional Provisions for Mahama to Pardon Montie Trio – Legal Practitioners


Denis Adjei Dwomoh, a private legal petitioner, has said that President Mahama might not have the power to pardon Montie 3 after all!

Some legal practitioners have decided to be the voices of reason, amid the ongoing fuss concerning the massive demand from NDC supporters, for the release of the Montie trio. Denis Adjei Dwomoh, a private legal petitioner, has said that President Mahama might not have the power to pardon Montie 3 after all.

Read: Montie 3 Lawyers to Petition Mahama to Pardon Contemnors

His views follows the opening of a petition book to persuade the President to exercise his prerogative of mercy power for the 3 imprisoned Montie FM panelists. The three, Alistair Nelson, Godwin Ako Gunn and Salifu Maase, alias Mugabe, were sentenced to four months in prison after they were found guilty of contempt charges.

Several political stakeholders of the ruling National Democratic Congress, (NDC) have massively condemned the 4-month jail sentence dished out to the trio, despite their apologies. Their agitations subsequently led to the emergence of the Research and Advocacy Platform (RAP) group, which opened the said petition book.

According to reports, the book has amassed a couple of signatures from prominent people in the society. This includes the Minister of Education in charge of Tertiary, Sam Okudzeto Ablakwa, the Minister of Tourism, Culture and Creative Arts, Elizabeth Ofosu-Agyare and the Head of the Presidential Delivery Unit, Valerie Sawyerr.

Read Also: Montie Jail Sentence Not a Breach of Media Rights -Journalists Association

However, the said legal practitioner has said that Mahama will not be able to pardon Montie 3, as the constitution does not allow for such. Shedding light on his point, Denis Adjei Dwomoh said that the constitution stipulates that the president can only exercise such prerogative powers in criminal cases and not the case of the Montie 3. He explained that, that of the Montie 3 is a case of contempt.

Referring to Article 72 of the 1992 constitution, where such power is obtained, he pointed out that though the President can grant pardon to a convicted person, section 17 specified it is only for criminal offenders. Another Legal practitioner, Nana Asante Bediatuo has also said the President will be acting beyond his authority if he pardons the Montie 3

Contrary to these assertions, lawyers for the trio have maintained that the President can grant pardon to convicted citizens of the country, just as he has done in the past on health grounds, national holidays and the likes.

The Montie FM trio are currently at Ghana’s major prison facility at Nsawam while many NDC supporters continue to agitate for their release.