A Ghanaian citizen, Elikplim L. Agbemava, has filed a suit 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.
A petition signed by several government officials and members of the incumbent government in particular, asking the President to pardon the three NDC sympathizers, has been forwarded to Council of State for advice by the Chief of Staff.
The three were incarcerated by the Supreme Court for four months and fined Ghc10,000 each, after they were found guilty of contempt by the apex court.
The three, Alistair Nelson, Godwin Ako Gunn and Salifu Maase, alias Mugabe, had on a radio programme threatened to eliminate justices of the apex court over their handling of the lawsuit on the credibility of Ghana’s voters’ register.
Those pushing for pardon for the three, have largely described the four-month sentence as harsh .
But Mr. Agbemava in his suit argues 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.”
He further posited that “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.”
Mr. Agbemava is therefore seeking an injunction to restrain the President from granting presidential pardon to the trio, until the final determination of his suit.
Government has 14-days to file its response to the suit.