Montie 3 - criminal contempt and a recent example from the USA

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WHOSE MONEY IS HE SPENDING?> 9 years ago

AG IS NDC..AZAR IS NDC....AMIDU IS NDC

In law at times COMMON SENSE MUST PREVAIL OVER PROCEDURAL FRILLS

AG IS NDC..AZAR IS NDC....AMIDU IS NDC

In law at times COMMON SENSE MUST PREVAIL OVER PROCEDURAL FRILLS
C. C. QUABRAFO 9 years ago

Uncle Ebo, the attourney general refused to prosecute!

Uncle Ebo, the attourney general refused to prosecute!
Hused Tweaa 9 years ago

Federal "contempt of court" carrie a penalty of more than 6-months!

If the Judge's "discretion" indicates a very severe sentence, then a "referral" can be made!

The Ghana Justice determined she was not give a penalty o ...
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Federal "contempt of court" carrie a penalty of more than 6-months!

If the Judge's "discretion" indicates a very severe sentence, then a "referral" can be made!

The Ghana Justice determined she was not give a penalty of more than 6-months!
Mahama impregnates Otumfour's daughte 9 years ago

That fuck-face Mugabe Salifu and his dirty pals should get ready...we (NPP) will send their smelly asses back to jail soon after December 7, 2016.

That fuck-face Mugabe Salifu and his dirty pals should get ready...we (NPP) will send their smelly asses back to jail soon after December 7, 2016.
HolyGhost 9 years ago

You are going to wait 100 years for that, cause npp aren't coming to power soon, not until 100 years time that the country will even consider voting for party of immature and unenlightened people.

You are going to wait 100 years for that, cause npp aren't coming to power soon, not until 100 years time that the country will even consider voting for party of immature and unenlightened people.
METWEEEEW 9 years ago

That will be over the dead bodies of Ghanaians for Mahama to be retained. NDC is going forever and ever until the party gets back into the hands of Nana Konadu, else it is doomed. Which country under the sun will tolerate a g ...
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That will be over the dead bodies of Ghanaians for Mahama to be retained. NDC is going forever and ever until the party gets back into the hands of Nana Konadu, else it is doomed. Which country under the sun will tolerate a government of can't do, everything is impossible for them in this world so what is possible in the eyes of the ndc and such primitive gang to do what? govern Ghana ? Tafiakwa ! We want to see the back of john mahama and his ndc Ali Baba and the four thieves.NPP ALL THE WAY. I'M FOR CHANGE.
Foster 9 years ago

Nice piece, Ebo!.Kudos!

Nice piece, Ebo!.Kudos!
Agya Kwaku 9 years ago

Ebo, maybe you did not follow the Montie 3 case through the trial stages. When they were charged before the court, the Chief Justice and one other SC judge whose names were directly mentioned by the group chose not to sit on ...
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Ebo, maybe you did not follow the Montie 3 case through the trial stages. When they were charged before the court, the Chief Justice and one other SC judge whose names were directly mentioned by the group chose not to sit on the case. New judges were brought to decide on the case.
One may contemplate that the case could have been referred to the lower court but remember that the Attorney General of Ghana, a member of the ruling government, did not find the threat to rape the CJ and kill the judges big enough to warrant even a warning so when the case was brought to the attention of the highest court, it had to act. Just like the Arizona case you mentioned, those SC judges who were directly implicated exempted themselves from hearing the case and referred it to other judges. Perhaps if the Attorney General had taking the lead to prosecute then I believe things could have taken a different turn. In fact the Special Investigative branch (FBI equivalent in Ghana) who initially handled the case concluded that the young men had no power to carry out their threats and so left them to go. They could not realize that the men made the threats on the air to their ardent followers so that even if the were incapable of doing what they said, they had implanted the idea into some lunatics who could actually carry out the threats.
I believe we may not know what could have happened if the SC had not acted but I am of the opinion that the judges acted to warn others who could go on the air waves to spew hatred that could have started some conflict especially during the elections. I say this because if they has sought out to punish and not warn the Montie 3, they would have given them a longer sentences which the infringement called for. Also note that their sentences would have ended right after the elections which to me meant that the judges, like all right-minded Ghanaians, were wary of the tensions in the country now and were trying to calm down things. Remember that the Huutu and Tutsi genocide in Rwanda started when radios owned by members of these groups began to dehumanize each other after which individuals appearing on the radio called for the extermination of opponents and true to the call, groups began to behead opponents and more the 900,000 humans were killed.
The lawyers, Azar, Amidu etc may condemn what the SC did but I believe the judges acted to save Ghana.
Zamu 9 years ago

Cogent references, Agya, especially the SC Justices who "reclused" themselves!

Azar and Amidu are just hot-air blowing DEMAGOGUES, with recurrent FEUD against the SC!

Cogent references, Agya, especially the SC Justices who "reclused" themselves!

Azar and Amidu are just hot-air blowing DEMAGOGUES, with recurrent FEUD against the SC!
Zoko Bia Chicago 9 years ago

The sad story is that the Ghanaian society is polluted with politics. Judges either take bribe or give rulings base on partisan lines. Ghanaians also refuse to learn but assume ignorantly that they are the experts. what a moc ...
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The sad story is that the Ghanaian society is polluted with politics. Judges either take bribe or give rulings base on partisan lines. Ghanaians also refuse to learn but assume ignorantly that they are the experts. what a mockery of the rule of law.
Kwabena Yeboah 9 years ago

There are no similarities in Ghana politics and any other civilized democratic country in the world, and comparing and contrasting Ghana's judicial system which is fraught with political undertones vis-a-vis the US judicial s ...
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There are no similarities in Ghana politics and any other civilized democratic country in the world, and comparing and contrasting Ghana's judicial system which is fraught with political undertones vis-a-vis the US judicial system founded on pure separation of power of democratic institutions, is like comparing and contrasting apples and oranges.

When the AG who is also Minister of Justice refuses to prosecute a threat of murder and rape of the CJ and other Justices of the SC on the airwaves due mainly to partisan reasons, then that leaves the Justices no alternative to protect themselves but to act in self interest.

In civilized democracies where there is separation of power among democratic institutions, there would be no need for the SC to act as judge, proscution and jury - the Court would be mindful of its actions in setting precedence. But where partisanship has clouded out the rule of law, due process of law becomes a matter of choice, not jurisprudence.

Kwaku Asare (Azar), Amidu and others who argued in defense of the Constitution should be mindful of political dispensation of the rule of law in our country. Their position in the matter of Constitutional legitimacy and the rule of law would be tenable in a civilized democratic milieu where democratic institutions exist on the aegis of separation of power. There are no such democratic institutions in Ghana, and making arguments for Constitutional sanctity and the rule of law such as in Ghana is tantamount to fishing in the dead sea.

The question all intelligent people should ask is that, why did AG refuse to prosecute the Montie 3 who had threatened to rape the CJ and kill other Justices on the airwaves. Any form of threatening in a democracy is not free speech, it is criminal offense and until we understand the AG's reasons for not prosecuting the Montie 3 criminals, no one can fault the SC.
Agya Kwaku 9 years ago

Thanks Kwabena.
The behavior of the AJ in this case reveals the partisanship nature of the whole discourse and I am at a loss at to why Amidu, Azar and Co failed to criticize and possibly condemn her but rather argued as if ...
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Thanks Kwabena.
The behavior of the AJ in this case reveals the partisanship nature of the whole discourse and I am at a loss at to why Amidu, Azar and Co failed to criticize and possibly condemn her but rather argued as if Ghana is USA. In fact a few days after the judgement, the AG while swearing in some judges to the bench said "do not behave as if you are Gods". This I believe was a dig at the SC and it also shows the AG's anger at the judgement.

I hope our lawyers will not speak or write based on a narrow interpretation of the law but must take the CONTEXT into consideration for every human action is best interpreted, understood and even justified with the context in which the action occurred.
K Mensah 9 years ago

Well Done Kwabena Yeboah.

Well Done Kwabena Yeboah.
KWAPPS 9 years ago

Kudos to Messrs Agya Kweku and Kwabena Yeboah for their insightful contributions. I hope the writer takes notice and revises his opinions. My concern here is the ease with which we compare events in Ghana to that in advanced ...
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Kudos to Messrs Agya Kweku and Kwabena Yeboah for their insightful contributions. I hope the writer takes notice and revises his opinions. My concern here is the ease with which we compare events in Ghana to that in advanced societies. Even though we aspire to be like them we still have a very long way to go so cases like this should be judged not too far from the context under which they occur. References to cases elsewhere, where societies already have their bread buttered, should be made with sensitivity.
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Araba Thompson 9 years ago

On the 20th September, 3 days after NDC manifesto lunch, prophet Agyemang will be making his prediction regarding 2016 elections. That is his religious privilege and civil right. Equally so Ghanaians reserve every right to ju ...
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On the 20th September, 3 days after NDC manifesto lunch, prophet Agyemang will be making his prediction regarding 2016 elections. That is his religious privilege and civil right. Equally so Ghanaians reserve every right to judge prophet Agyemang's prophetic gift and ministry. So we are asking him and metro tv to be clear whether his predictions is from God in whom there is NO form of fake, 419, ugliness and manipulative tendercies or the predictions is from him as a human being. So many prophets in Ghana and its about time we know there callings and ministry.
Yao 9 years ago

These are my thoughts, inferences and questions flowing from what you have written; that the judges were not being fair to sit on a case in which they had a direct interest in; that they should have referred the case to the a ...
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These are my thoughts, inferences and questions flowing from what you have written; that the judges were not being fair to sit on a case in which they had a direct interest in; that they should have referred the case to the attorney general for prosecution; that though you didn't directly state it, you agree that the montie trio were wrong; that there was the need for a lesson to be learnt. Now may I ask the following questions: given that the case was referred to the attorney general's office for prosecution, won't it be prosecuted in a court of law? Won't it be a judge who will sit on the case? Will it be fair then for a judge to sit and judge the case? Where was the attorney general when the M3 made their contemptuous comments? Can you truthfully say that the attorney general had the political will to prosecute that case. Do you have any precedent from any nation where a democratically elected president pardoned convicts in a case of this nature? Can you state the lessons learnt from what has happened in Ghana? Please if you read this I'll be happy to have your answers. Thanks
Kwame 9 years ago

The Judiciary was prejudicial ... To make my case sound genuine I will not site another incident to put forward my case, but unfortunately this is the very thing that the judiciary and even the bar in Ghana have done.
The b ...
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The Judiciary was prejudicial ... To make my case sound genuine I will not site another incident to put forward my case, but unfortunately this is the very thing that the judiciary and even the bar in Ghana have done.
The bench and the bar said that the incident happened on the same date of July 1982 when three judges of the High Court and a retired army major were murdered and set alight by a civilian who was a member of the PNDC and two military men.
The judiciary in calling the case was therefore not ready to let due process have its way, but was going to avenge the death of their colleges who perished in that inhuman act and by so doing end up doing the same thing that they said was in human.
The Supreme Court of Ghana just like those hatchet men of 24/7/1982 also took the law into its own hands.
The Supreme Court chewed and digested their victims but released three blooded victims. The Supreme Court according to Shakespears were to cut, but not draw blood, but they cut and drew blood.
Ebo Mends, New York 9 years ago

Thanks all for your well reasoned comments. I am, sometimes time, leery to write on Ghanaweb because of the nature of our discourse (sometimes) on the forum. I am happy to note that most of the comments here have been very ...
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Thanks all for your well reasoned comments. I am, sometimes time, leery to write on Ghanaweb because of the nature of our discourse (sometimes) on the forum. I am happy to note that most of the comments here have been very constructive, and for that I am grateful.

I did not set out to answer or discuss all issues related to the Montie 3 saga. I took a very narrow aspect of the issue, without thinking for a moment that one can do justice to the topic without taking holistic approach to this discussion. I just chose to focus on the "trial process" and what I thought of it. I concluded that the other aspects have been covered sufficiently by other earlier write ups.

I wish to state the following:
- I am yet to read or hear from anyone who has defended what the Montie 3 said on air that fateful day. I associate myself with all those who condemned their comments

- Lawyers and Judges cite cases
from "other jurisdictions and advanced cultures" when prosecuting, defending or rendering judgments in our courts. At no point do these learned friends of ours say, "By the way, this case or that case would not apply here because our culture/society is still in its formative stages

- In the US here, there is a saying which goes roughly like this, "If know or see how sausages are made you would/may not eat one". In other words, it is not a pretty sight, the process or making a sausage, but those who eat the finished product really enjoy it. It may not be a pretty endeavor trying hard to build a just society for ourselves, we will have our mishaps like this Montie 3 issue, but eventually, we may hopefully succeed in building for ourselves a better society if we overcome these mishaps in the process.

- Kwaku Baako said recently, discussing the Montie 3 issue, that he had serious reservations, in principle, about custodial sentences for things people say on the air. He was obviously not condoning the words of the Montie 3, but in building a democratic society we should be careful about how we treat speech, no matter how despicable. There should be consequences, when a crime is committed (like issuing threats or inciting violence etc). Generally, we should exercise restraint when it comes to speech, especially because of our recent past as it relates to free speech. (I must add that Mr. Baako was also against pardoning of the Montie 3 for political reasons)

- I agree with those who are critical of the AG for not investigating and prosecuting the potential crimes that may have been committed here. The AG would have spared all of us from the consequences of that inaction.

Let's continue to discuss issues of national development dispassionately and we will be rewarded with a very stable and enlightened society.
Kwame Nim 9 years ago

Kwaku Baako and Ebo are wrong about one thing. There is a difference between free speech and threatening. People have had custodial sentence in UK and USA for threat. Even a threat by a Muslim on facebook to cause mayhem in t ...
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Kwaku Baako and Ebo are wrong about one thing. There is a difference between free speech and threatening. People have had custodial sentence in UK and USA for threat. Even a threat by a Muslim on facebook to cause mayhem in the USA will initiate an arrest. The context is essential
immortal 9 years ago

This what someone will call COMMON SENSE.

This what someone will call COMMON SENSE.
zola 9 years ago

NPP is the most useless party I ever known in this country because you politisies everything why

NPP is the most useless party I ever known in this country because you politisies everything why
Kutsii 9 years ago

Mahama has released them. If u don't understand the word released, it is 'he has set them freee'. If u don't understand this simple English u can go and burn the GHANA Constitution. Ebo Mends 'kwasia npanin'. Nonsense

Mahama has released them. If u don't understand the word released, it is 'he has set them freee'. If u don't understand this simple English u can go and burn the GHANA Constitution. Ebo Mends 'kwasia npanin'. Nonsense
Kwasi Tetteh 9 years ago

Brilliant it is clear to me that this was a political conviction

Brilliant it is clear to me that this was a political conviction

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Montie 3 - criminal contempt and a recent example from the USA

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