Occupy Ghana cautions Mahama against undermining the judiciary

Salifu Maase, Alistair Nelson and Godwin Ako Gunn were sentenced to four month imprisonment by the Supreme Court on Wednesday following contempt proceedings against them.

In a statement, Occupy Ghana said it recognise the enormous powers of the president to pardon prisoners or reduce their sentence.

It continued: "Critically, this power should not be exercised in a way that represents a fundamental undermining of the independence of the judiciary and an interference with their functions, as well as an attack on the constitutional concept of separation of powers."

The statement further noted that the president invoking his prerogative of mercy is not absolute, adding that it is subject to judicial review under article 276 of that Constitution.

"If the President grants these petitions, such an exercise of his discretion may be challenged as unconstitutional before the Supreme Court, and this could lead to a major and needless constitutional crisis," it added.

Occupy Ghana said it find it "incongruous and bizarre" for some members of the executive to sign a petition book calling for the release of the sentenced trio.

The statement noted: "We therefore find it incongruous and bizarre, that members of the President’s own executive take part in a petition to the President, urging him to exercise this grave authority in favour of these Convicts. For them to do so suggests they are outsiders looking in, when they are actually part of the executive. It is deeply misleading to the public and certainly looks contrived. We respectfully urge the President to disregard this façade, and rebuke any minister or member of his executive who has signed or signs that petition."

Occupy Ghana further called on the president to reject the petition for him to pardon the trio and rebuke ministers who signed it.

"It is on these bases that 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," the statement conluded.