Ghana could be heading towards constitutional crisis if the President frees the jailed Montie trio who were sentenced for criminal contempt after they threatened Supreme Court (SC) judges.

A legal practitioner, Nana Asante Bediatuo explained that it would not be a wise decision for President John Mahama to grant the wish of the petitioners of the “Montie 3”.

Some politicians have signed a petition to pardon to radio host and two panelists. Some notable individuals among them are Education Minister Jane Naana Opoku Agyemang, Deputy Education Minister, Samuel Okudzeto Ablakwa, Gender and Social Protection Minister, Nana Oye Lithur, Head of Presidential Delivery Unit, Valerie Sawyer and Tourism Minister, Elizabeth Ofosu Agyare.

Joining the politicians, the acting president of the Ga Traditional Council, Nii Dodoo Sakei backed the petition saying it is in the spirit of reconciliation ahead of Homowo Festival.

The petitioners are asking the president to activate his prerogative of mercy enshrined in Article 72 of the 1992 Constitution. The Article says;

(1) The President may, acting in consultation with the Council of State-

(a) grant to a person convicted of an offense a pardon either free or subject to lawful conditions; or

(b) grant to a person a respite, either indefinite or for a specified period, from the execution of punishment imposed on him for an offense; or

(c) substitute a less severe form of punishment for a punishment imposed on a person for an offense; or

(d) remit the whole or part of a punishment imposed on a person or of a penalty or forfeiture otherwise due to Government on account on any offense.

However, Nana Asante Bediatuo said, there are constitutional procedures to follow even if the President were to activate the prerogative.

He said the President must follow Article 296 of the constitution which in part states:

Wherein this Constitution or in any other law discretionary power is vested in any person or authority -

(a) that discretionary power shall be deemed to imply a duty to be fair and candid;

(b) the exercise of the discretionary power shall not be arbitrary, capricious or biased either by resentment, prejudice or personal dislike and shall be in accordance with due process of law”

Nana Asante Bediatuo noted that the legality of the President’s decision could be challenged at the Supreme Court.

The legal practitioner said those calling for mercy must take a holistic look at the Constitution, rathing than citing only portions of it to make their arguments. 

He warned of Constitutional crisis if the president gives attention to the petitioners.