Two other judges on the panel justice Enin Yeboah and Jones Dotse held a contrary view which the court said it will make available in it full judgment
In 2016, the applicants initiated separate legal actions praying the Supreme Court to reverse former President Mahama’s decision to remit the sentences of Salifu Maase, aka Mugabe; Alistair Nelson and Godwin Ako Gunn from four months to one month.The Supreme Court consolidated the three suits in 2017, and ordered the three parties to file a memorandum of issues for the court’s consideration.
The applicants argued that upon a true and proper construction of articles 14 (1)(b), 19 (12), 72 (1) and (3), 125 (1) and (3), 126 (2) and 127 (1) of the 1992 Constitution, the purported grant of a remission of the punishment of four months imposed on Mugabe, Nelson and Gunn, was in excess of the powers conferred on the President of Ghana by Article 72 (1) of the Constitution 1992, an unjustified interference with the independence of the Judiciary and thus an affront to the Constitution of Ghana.
They accordingly, sought an order declaring as null, void and of no legal effect, the purported grant of a remission by the former President of the punishment of four months imposed on the three persons, duly held by the Supreme Court, for having acted in contempt of the Supreme Court.
After their four months incarceration, two petitions were started and signed by top National Democratic Congress (NDC) government officials and thousands of sympathizers in an attempt to compel then President John Mahama to exercise his prerogative of mercy powers per Article 72 of the constitution.
Many criticized the President for satisfying the interest of his party, while disrespecting the judiciary.
Gov’t sued over petition to free Montie 3
The decision was challenged at the Supreme Court by Ghanaian citizen, Elikplim L. Agbemava, who was seeking an interlocutory injunction to restrain the President from exercising his prerogative of mercy under Article 72 of the constitution to free the Montie three contemnors.
Source: Fred Djabanor