Montie 3 Back to Court

The Supreme Court yesterday set March 28 to commence hearing of the suit demanding the nullification of former President John Mahama’s remission of the sentence handed some three persons infamously known as the “Montie 3”.

The suit is one of three legal attempts seeking to challenge the decision by former President Mahama to grant the pardon he granted to three.

Jail

The apex court in July 2016 jailed Salifu Maase aka Mugabe, host of ‘Pampaso’ a political programme on an Accra-based radio station, Montie FM, and two other panelists who threatened the judges with death. They were sentenced to an imprisonment term of 4 months each for contempt of court.

The five-member panel of judges presided over by Justice Sophia Akuffo, had also ordered Mugabe and the other contemnors – Godwin Ako Gunn, 39 and Alistair Tairo Nelson 41, both National Democratic Congress (NDC) activists, to pay a GH¢10,000 fine each or in default serve another one month in jail.

Mugabe had told his panelists to open fire on the justices by attacking them with threats of death in addition to allowing a certain Nash of Mataheko in Accra to “marry” the then Chief Justice Georgina Wood.

Pressure To Pardon

Even before the trio could serve a month in jail, a desk to gather signatures intended to mount pressure on President Mahama to invoke the Pardon Clause in (Article 72) of the 1992 Constitution was mounted at the premises of Radio Gold – a sister station to Montie FM, by key figures of the then governing NDC.

President Mahama eventually succumbed to the pressure, some of which came from senior appointees and Ministers in his government, to free the three contemnors, popularly called “Montie 3.”

The President, in August 22, 2016, after they served more than three weeks in jail.

Hearing 

The apex court had previously granted a request by the Attorney General’s Department to be given 7 days to file a response to the three separate suits filed in September 2016.

At the hearing yesterday, Justice Sophia Adinyira, presiding, said what was left was for the parties to file their memorandum of issues adding that that has taken the parties over a year to do so.

She stated that the court would adjourn the hearing.

This was after the defense lawyer had notified the court that the memorandum of issues had been filed at the registry yesterday (Tuesday) morning.

The said document is yet to be placed on the dockets of the judges.

Suit

In the case of Nana Badiatuo, the Plaintiff amongst other reliefs is seeking a declaration that the president’s action at the time was unconstitutional and also a further order to have the Montie 3 serve their sentences in full.

Nana Asante Bediatuo said the president has the power to pardon people convicted for criminal offences but does not have same to pardon convicts for criminal contempt.

By: Jeffrey De-Graft Johnson/ thePublisher