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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

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.