A lawyer, Elikplim L. Agbemava, has sued the President, John Dramani Mahama, to prevent him from exercising his powers in favour of freeing the jailed Montie 3.
In a suit filed at the High Court Monday, Mr Agbemava said that the power granted to the President by the constitution ought to be exercised in a manner that indicates “certainty, consistency, and fairness” – qualities the plaintiff believes this current case sorely lacks.
The Montie 3 – Godwin Ako Gunn, Alistair Nelson and Salifu ‘Mugabe’ Maase – were jailed for contempt after threatening the lives of Supreme Court Justices.
A movement has since sprung up to get the President to pardon the three, who have commenced serving their four month sentences. A petition has been presented to the President to act on, although so far he has not indicated a preference one way or another.
But the lawyer is attempting to forestall whatever the President’s eventual decision is by taking the power out of his hand.
The suit read, in part, that “on a true and proper interpretation of Articles 72 and 296 of the constitution, the exercise of the power of prerogative of mercy ought to be governed by regulations that set out, in an open and transparent manner, the grounds and requirements for the submission and consideration of application for pardon to ensure certainty, consistency, and fairness in the process that leads to the grant of pardons”.
It added “The President and the Council of State shall exercise the prerogative of mercy in a judicial manner that assures the people of Ghana of some certainty, consistency, and fairness in the processes that lead to the grating of pardons.”