ELIKPLIM AGBEMAVA & ORS v. ATTORNEY-GENERAL
2018
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC
- YEBOAH, JSC
- BAFFOE-BONNIE, JSC
- BENIN, JSC
- APPAU, JSC
- PWAMANG, JSC
Areas of Law
- Constitutional Law
- Criminal Law and Procedure
2018
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case sought interpretation of Article 72 of the Ghanaian Constitution, determining whether the President's prerogative of mercy extends to contempt convictions. Three individuals were convicted for contempt of court and later sought presidential clemency. The President commuted part of their sentences, which led to legal challenges that questioned if this act undermined judicial independence. The Supreme Court ruled that criminal contempt, being an offence, falls under the scope of Article 72, thereby allowing for the President's exercise of mercy. The decision underscored that presidential discretion must align constitutionally, emphasizing that the power is not unfettered.
BENIN, JSC:-This matter calls for the court’s interpretation of article 72 of the Constitution, 1992, whether or not the exercise of the prerogative of mercy extends to conviction for an offence founded on contempt of court. The court is also called upon to decide whether the prerogative of mercy is an affront to the independence of the judiciary as conceived under the Constitution. There is yet a third issue whether the absence of regulations disables the President from exercising the power conferred upon him by article 72 of the Constitution. These are the core issues raised in this case.
Background facts
On the 29th of June, 2016 three people namely, Godwin Ako Gunn, Alistair Nelson and Salifu Maase alias Mugabe, uttered certain statements on a talk show broadcast on an Accra radio station known as Montie FM, 100.1 FM, which were believed to be contemptuous of the Supreme Court, inter alia. On the 5th of July, 2016, those people appeared before this Court on a summons issued by the court for them to show cause as to why they should not be held liable for contempt of Court on the grounds of:
Scandalizing the Court.
Defying and lowering the authority of the Court.
Bringing the authority of the Court into disrepute.
The radio discussions concerned an ongoing case before this court. Hence the title to the contempt proceedings partly bore the title to that case and it reads: Civil Motion No. J8/108/2016 Abu Ramadan & 1 other v. Electoral Commission & 1 other. In re 1. The Owner of the Station-Montie FM 2. Salifu Maase @ Mugabe 3. Alistair Nelson 4. Godwin Ako Gunn. That case became popularly known as the Montie 3 case and will be so described in these proceedings.
On the 18th of July, 2016 this Court convicted the three named contemnors on their own guilty pleas and on the 27th of July, 2016 sentenced them to four months imprisonment each and fines of GH₵ 10,000 each.
Subsequent to the conviction and sentence, the convicts on the 1st August 2016 wrote a petition to His Excellency, The President of the Republic of Ghana, urging him to exercise the prerogative of mercy under article 72 of the 1992 Constitution in their favour. This petition was forwarded to the Council of State for its advice. By a letter dated 19th August 2016, the Council of State advised that the President could exercise the Prerogative of Mercy. By way of a circular issued by the then Minister of Communications on the 22nd August, 2016, the President announced that he had exercised