Find out why lawyer wants the Montie 3 back in jail (photo)

Find out why lawyer wants the Montie 3 back in jail (photo)

The three convicted Montie FM contemnors have been challenged by a private citizen in court.

The three, Salifu Maase, Alistair Nelson and Godwin Ako-Gunn were handed a four month jail term for contemptuous comments they made against the Supreme Court and for threatening to kill the judges who sat on a case brought against the Electoral Commission.

Find out why lawyer wants the Montie 3 back in jail (photo)

Ghanaians dared to seek redress over Montie 3 pardon

READ: Pardon of Montie 3: Seek court redress if you disagree – Council of state dares

However, President John Mahama in consultation with the Council of State and in exercise of his constitutional powers under Article 72 of the Constitution, remitted the remaining prison sentence imposed on the Montie three.

The trio were initially supposed to serve a four month jail term after they were sentenced by the Supreme Court on July 27, 2016.

READ: Mahama cracks under pressure to pardon Montie 3

Find out why lawyer wants the Montie 3 back in jail (photo)

Mahama pardons Montie 3

This means they spent 27 days in jail.

The aggrieved supporters mounted a campaign for the president to activate his executive power under Article 72 to pardon the convicted persons.

They signed a petition to mount pressure on the president to grant their wish.

Find out why lawyer wants the Montie 3 back in jail (photo)

Edudzi Tamakloe, one of the lawyers for the Montie 3 confirmed this on Facebook.

In a writ by a private citizen, Alfred Tuah Yeboah, "A declaration that upon a true and proper construction and/ or interpretation of Article 72 of the 1992 Constitution of the Republic of Ghana, the power of the President to exercise prerogative of mercy is limited to convictions for “criminal offences” and does not include convictions for “contempt arising from the inherent jurisdiction of the Court” under Article 126(2)".

The writ added that "A declaration that the grant of remission of sentence to the three who were sentenced to four (4) months imprisonment under Article 126(2) of the 1992 Constitution for contempt is contrary to Articles 72 and 296(c) of the 1992 Constitution and is therefore void and of no legal effect."

Below is writ by the private citizen

MONTIE THREE, FINAL EDITING

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