Lawyer Tony Lithur and his wife may be said to be on a collision course in respect of recent controversy surrounding the three Montie FM contemnors who were handed a four month jail term by the Supreme Court for threatening the lives of judges and scandalizing the court.
Following their conviction and subsequent sentencing, the public has been sharply divided over the court’s decision, with leading members of the NDC including its chairman piling pressure on the president to intervene for the three to be released.
Kofi Portuphy described the four-month jail term handed the three by the Court presided by Justice Sophia Akuffo as “shocking” and “harsh”. The party said it was “... extremely disappointed and saddened by the severity and harshness of the punishments imposed on them. “Our utter disappointment not only stems from the fact that the accused persons themselves, demonstrated considerable remorse but also there has been an overwhelming outpouring of both condemnation of their conduct and pleas for the court to be lenient in its judgment and avoid custodial sentence,” the statement by the NDC added.
Meanwhile in an attempt to put pressure on the president, a petition book has since be opened by The Research and Advocacy Platform (RAP), a pressure at the premises of pro-government radio station, Radio Gold and the Freedom Centre for the collection of one million signatures to make a case before the president. However Mr. Lithur, lawyer r for President Mahama cautioned against the granting of pardon to the 'Montie 3'.
He argued that, if the President heeds to calls to invoke Article 72 (1) to free the Montie 3, it will undermine the judiciary. Article 72(1) of the 1992 constitution says that the President may in consultation with the Council of State grant a person convicted of an offence a pardon either free or subject to lawful conditions. But the lawyer said " It would constitute a direct undermining of the judiciary in a manner that is unprecedented in recent times save for the appointment by President Kufuor of an additional justice of the Supreme Court to achieve a collateral purpose. And what happened in that instance? President Kufuor was pounded by most of us including our development partners; and it is a legacy that has followed him into retirement from active politics? Is that what we want for our President?"
Interestingly, days after Mr. Lithur’s word of caution, his wife, the Gender minister, obviously in support of the petition appended her signature to the book, to join the list of government officials who are calling on the President to act.
Adding his voice to the debate, Policy analyst Dr. Charles Wereko-Brobbey has criticized Oye Lithur for supporting a petition calling for the release of the three.
He said given the minister’s background as a human rights activist and a gender advocate, it is “incongruous” for her to sign the "Free Montie 3 petition".
Condemning support for the release of the convicted criminals, Dr. Charles Wereko-Brobby pointed out that “the idea that ministers and appointed government officials who do the president’s bidding, should rush off to sign a petition that seeks to allow him to interfere directly in the decisions of the judiciary is the most dangerous thing that has happened in the Fourth Republic”.
Zooming in on Nana Oye Lithur, the policy expert indicated that her position on the Montie petition is at the very least, bizarre.
“She was running an NGO called Commonwealth Human Rights [Initiative] and I am surprised that even from that background, she would even put her name to such a petition especially now that she is a Minister of Gender and Social Protection.” Dr. Wereko-Brobby suggested that the “very, very sober” advice of her husband who is the president’s lawyer should have informed her position.
“Not that she is not independent or she is not free to act independently as a person, but it is incongruous”, he explained on Joy FM yesterday, for the minister to endorse the petition.
“It is unfortunate….it will create a constitutional crisis”, he warned. It is an impeachable offence if the Pro Gender minister Nana Oye Lithur has been criticized for supporting a petition calling for the release of pro-government communicators jailed for contempt after they threatened to kill judges. He said
<<Print>>