Posted on: www.dailyguideghana.com
By William Yaw Owusu
Monday, August 01, 2016
President John Mahama’s lawyer during the landmark Presidential
Election Petition, Tony Lithur appears to disagree with those who are putting
pressure on the president to pardon the three National Democratic Congress
(NDC) activists - now known as Montie 3
- convicted for contempt by the Supreme Court.
According to the lawyer, even though there was a feeling of anger among
many NDC supporters, the president should not take the action to feed into the
perception that the NDC is still anti-judiciary.
Anti-Judiciary
“I wish to add that as a party there is already a stigma in our
history of the murder of judges under our watch. We should avoid the deepening
of any perception that we are against the judiciary in such fundamental way
that translates into threat of physical harm,” the lawyer reportedly commented
on one of the NDC social media platforms.
“The feeling of anger and disgust at the sentencing of our friends
by the Supreme Court is very understandable. I agree with you that whatever the
wrongs the accused persons may have committed the sentencing, while it should
serve as a measure of deterrent, should also have taken into consideration the
constitutional requirements of freedom of speech and press freedom.”
“In addition, I think the judiciary should have borne in mind the
perception that may be created of high-handed and judicial tyranny by the
method of redress it had chosen and the severity of the sentences,
notwithstanding the real and palpable remorse publicly shown by the accused
persons.”
Grant Of Pardon
“However, the answer, in my very humble view, is not the resort to
executive intervention by the grant of pardon. Let us step back for a moment,” Mr
Lithur said and asked, “What will be the effect or, at least, the perception of
the grant of pardon?”
Strangely, while advocating for a different line of action from
granting of amnesty, his wife, Nana Oye Lithur, Minister of Gender, Children
and Social Protection, had appended her signature to a petition calling the
president to free the NDC convicts.
The lawyer said if the president grants the pardon, “it would
constitute a direct undermining of the judiciary in a manner that is
unprecedented in recent times.”
Opposition Trap
According to the lawyer, should the president accede to the request
and go ahead to pardon the convicts, it would become a campaign tool for the
opposition parties.
“While most people comment on the length of the sentence, it seems
to be lost on us that the four months uncannily span the hottest period of the
campaign towards the presidential and general election. By the grant of
executive pardon, would we not be falling into a trap by dashing to the
opposition a crucial rally and campaign message of undermining the judiciary?”
Pressure On
President
Mr Tony Lithur queried, “I ask you all, very humbly and respectfully
to pause for a moment and reflect on the immense pressure we are bringing to
bear on the person who will lead the party into the next election to take a
step that may harm the party's chances. Let's please reflect on this and reduce
pressure on His Excellency the President.”
He said there are “alternatives” to get the trio out of prison pointing
out, “There is opportunity to apply for a review, for what it is worth.”
Public Support
He said as the NDC awaits the commencement of a new legal year so
that the review process could be filed, the party should be seen to be stating
publicly, “What our views are about the sentences, choosing moderate language
and still showing respect to the judiciary. After all, when it came to the
crunch in 2013, it is this same body that held the balance. Let that body not
see the NDC as the enemy. Let's accept its verdict while we take formal steps
to take a second bite at the cherry.”
He called for continuous support for the trio. “Let's visit them
regularly and publicly and make sure they are as comfortable as is possible
within the constraints of the prison. Let's show that we have not forgotten
them. Let's make sure their families are not disadvantaged beyond their
absence, and let us continue to pray for them.”
In a related development, pressure group OccupyGhana has added its voice to the numerous calls on President
Mahama not to grant any pardon to the trio.
A statement by the group said, “All powers of Government (including
executive power) spring from the Sovereign Will of the people. Thus, in the
exercise of the Prerogative of Mercy, the president must act, not just in the
interest of a section of society, but in the broader interest of Ghana as a
whole.”
It added, “We respectfully urge the president to reject the
petitions, and rebuke all ministers and members of the executive who have taken
part in the preparing and signing any of the petitions. Justice has been served
and the decision of the Supreme Court should not be interfered with.”
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