Since after the Montie trio pardon was made public by the Presidency, it has been criticisms upon criticisms from Ghanaians, with a good number of them strictly against the move made by the President.
Ace Anan Ankomah, a private legal practitioner recently suggested that the Apex Court carries out a review of the President’s exercise of the prerogative of mercy powers as regards the issue of the Montie trio pardon. The lawyer made these remarks while speaking to Citi News after a lecture organised by the Forum on Media and Democratic Governance.
According to Ace Ankomah, the exercise of the President’s Article 72 powers has to be tested “against the standard for the exercise of all constitutional donated powers”. He argued that the grounds on which it is exercised must be fair, free from bias and arbitrariness. It must not be impulsive or haphazard.
He went on to explain that all powers delegated by the constitution is never absolute, adding that there are certain conditions which must be met before they could be exercised. Therefore, whenever those conditions were not properly met, the court could carry out a review on it.
Ace Ankomah indicated that such reviews have been made in Ghana on several occasions. He also pointed out that Article 2 of the constitution allows the Supreme Court to review decisions such as the one taken by President Mahama over the Montie 3 case.
Criticisms against Mahama over Montie Trio Pardon
President John Mahama on Monday ordered the release of the three jailed staff of Montie Fm; Salifu ‘Mugabe’ Maase, Alistair Nelson and Godwin Ako-Gunn. The three were convicted of contempt by the Supreme Court following their issue of death threats on judges during a radio talk show.
The President decided to grant pardon to the trio following several appeals from members of the ruling party, and most importantly, a heart-breaking plea for mercy from the three. Mahama had made it clear in the pardon statement that his decision was mainly on the grounds of compassion considering the offenders deep remorse for their misconduct.
However, these explanations seem to be a story for the gods for a good section of the populace who have descended heavily on the president since after getting news of the trio’s pardon.