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General News of Thursday, 25 August 2016

Source: ultimatefmonline.com

Montie 3 Remission: Judges should learn lessons - Professor Asare

A US -based legal luminary Prof.Kwaku Asare, has suggested to the Supreme Court Judges to draw lessons from the repeal of their order of incarceration of the Montie trio by President John Dramani Mahama.

He urged them to look beyond just prosecution, saying the Constitution drafters in their own wisdom created the provision for the president envisaging that somebody may be improperly convicted.

He said the decision by the President cures the perception that the Supreme Court is endangered to the liberty of people and the Constitution itself.

Prof.Asare indicated that the repeal of the order is a victory for the Constitution and that the Supreme Court erred in its ruling.

Speaking on Ultimate Breakfast Show hosted by Lantam Panpanko, he discounted claims that the repeal of the Supreme Court order by the President is a disrespect to the court and members of the bench.

‘They are going to have a problem with what the president did…, I think the Supreme Court should draw proper lessons from this that they cannot unduly arrest the liberty of people,’ he entreated.

He urged people to acknowledge separation of powers and desist form criticising the president.

‘I am happy the President has used the power wisely, I don’t think it’s a disrespect of the court but I think it’s a victory for the constitution, the very nature of the pardon is going to address something that has been conceptualized, well in my mind it’s a victory for the constitution because, we have a problem whenever the court of Ghana, the Supreme Court acts as the prosecutor, complainant, juror, judge it becomes problematic, am not too surprised that the pardon came,…it’s just that the President is exercising Article 72,’ he explained.

The President John Dramani Mahama upon a Council of State recommendation on Monday ‘freed’ the Montie trio.

The contemnors were sentenced to four months each by the Supreme Court for threatening the lives of the Supreme Court Judges.