A former Attorney General and Minister of Justice, Mr Martin Amidu, has described as unconstitutional the jailing of the Montie FM trio.
Salifu Maase, alias Mugabe, the host of the “Pampaso” discussion programme on Montie FM; Godwin Ako Gunn and Alistair Tairo Nelson, both panelists, were sentenced to four months in prison and fined GH¢10,000 each on July 27, this year. They were jailed for scandalising, defying, lowering the authority and bringing the authority of the court into disrepute.
The three, had threatened to eliminate justices of the Supreme Court over their handling of a lawsuit questioning the credibility of Ghana’s voters’ register.
In an opinion piece Wednesday, Mr Amidu noted that, the sentencing of the three “runs roughshod over the liberty of the individual under Chapter 5 of the Constitution”.
He noted that the trial of the three did not comply with due process of law since the contempt was committed out of court.
He explained that the Supreme Court therefore did not have any power under the fundamental human rights and freedoms guaranteed by the 1992 Constitution to proceed as the complainant, prosecutor, judge and jury in its own cause.
Mr Amidu also noted that the three were arbitrarily hauled before the Court and that their criminal charges were clearly bad for lack of particulars at arraignment since they were not given adequate time and facilities to prepare for their defence.
He is also of the conviction that the lawyers for the accused persons did not help the court and the accused persons because they failed to raise all the constitutional and legal defences against the charges and arraignment processes.
Consequently, he concluded that a presidential pardon would not be out of place for the three and will be an “insult” to the court.
By: Dan Kwasi Prince// www.dailyviewgh.com /Ghana
Writer’s email dailyviewgh@gmail.com
