According to Martin Amidu, the procedure through which the country’s apex court summoned and sentenced the three individuals, contravenes several Articles of the 1992 Constitution of Ghana
Former Attorney General and Minister of Justice Martin A. B. K Amidu, has frowned at the procedure adopted by the Supreme Court in jailing the Montie FM trio. The veteran legal practitioner is of the opinion that, though the Supreme Court has the power to punish them for contempt, it erred in this instance because the act in question occurred outside court.
The Montie FM trio in question were sentenced to four months in prison by the apex court, after they were found guilty of contempt. The three; Alistair Nelson, Godwin Akoo Gunn, and Salifu Maase, threatened on radio to kill Supreme Court Judges should they rule against the Electoral Commission, in the case challenging the credibility of the Voters’ register.
Following their incarceration, there have been arguments as to if the court erred in their judgement, or if the trio truly deserved the sentence.
But Amidu who is one of Ghana’s respected legal luminaries, has come out to speak against the judgement. According to Martin Amidu, the method through which the country’s apex court summoned and sentenced the three individuals, contradicts several Articles of the 1992 Constitution of Ghana.
In an opinion piece where he gave his take on the Montie trio sentence, he pointed out various sections of the constitution neglected by the apex court in their procedure. According to him, court erred in the case by assuming the arbitrary power of being the “complainant, prosecutor, and judge in its own cause”.
Amidu having pointed out the lapses, joined calls for a presidential pardon on behalf of the trio. He explained that since court erred by applying an unconstitutional procedure in convicting and imprisoning the contemnors, the President will be justified in pardoning them.