The Montie 3, contempt and John Mahama’s mercy.

The developments that are unfolding after the sentencing of the Montie trio and the directors of the station are fascinating. Overall, the whole country is in simultaneous condemnation of the hotheadedness of the trio, namely, Alistar Nelson, Ako Gunn and Salifu Maase. What separates us though? both lawyers and the legal illiterates are miles apart?is the gravity of the sentence. While some of us think the sentence is too harsh, there are others who think Justice Akuffo was very lenient to the contemnors.

Largely, the opposition NPP is elated about the punishment with some taking to social media to relate it to victory at the December 7 polls. The ruling NDC on the other hand largely disagrees with the imprisonment of the three and also the fines imposed on the directors of the company. What the NDC party has done, though not very healthy, was to issue a statement that condemns the imprisonment. Also activists of the party did not hesitate to reveal Justice Akuffo’s relationship with Akufo Addo, the leader of the opposition NPP. Well, this is not surprising since it is not untrue that politics sometimes influences the discretionary powers of judges across the world.

I was wrong to think there would be no vigil or demonstration against the verdict but it appears politicians of various divides are not from different mothers. It is my pedestrian view that the judge could have exercised mercy rather than such harsh deterrence, given that the panelists have apologized profusely both in public and in court. In court, even though the defence counsels could have staged a strong case for the directors, they failed to do so hoping that bible quotes and mercy pleas may work the magic. But that earned them a shock they less imagined.

I have not l tuned in to Montie FM before and I didn’t know there exists a journalist by name Mugabe. What is shocking is the order or threat, if you like, that the directors would face jail terms in case they fail to pay a fine of GH30,000 each. If that is not alarming to lawyers who see nothing wrong with the sentence, then I would say it is not too late for the Chief Justice to resign since it is under her leadership that judges were caught by Anas on tape taking bribes to subvert justice. In fact, if taking of bribes to free murderers and armed robbers is not contempt of court committed by judges themselves for which they should be jailed or for which the chief justice should take responsibility for, then the constitution review committee should be looking at extending contempt to cover the sanctity and peace of the other autonomous bodies of state like the EC and CHRAG. Well, the directors have paid the fines so let sleeping dogs lie.

Soon after the sentence, folks in favour of the sentence resorted to Rwanda as reference point but failed to realize that in Rwanda it was mainly an attack on a particular ethnic people that brought the mayhem. Here in Ghana, tribes were attacked on airwaves in the past and I believe this pose a more serious threat to the peace of the nation.

There is so much discretionary power left in the contempt clause and that is the reason for which we are here today. In any case, should the court stretch its powers to do what it could instruct the National Media Commission to do?

Meanwhile article 72 of the same constitution confers the discretionary power of Prerogative of Mercy on the president. For some, if Justice Akuffo could exercise so much discretion that ignores the many pleas for mercy and hurts families, then the president would also not be wrong to pardon the three even if that dents our infant democracy. However, those calling for the pardon forgot to note that the pardon presents a tool for propaganda to their opponents as the campaigns get intense.

For those of us who have nothing to lose in the coming polls, whatever the president decides about the sentence is right.

Frederick K. Kofi Tse
kelikofi@gmail.com