Executive vrs Judiciary – the battle of authority

The ongoing clash of judgement and decision making between the Judiciary mandated to interpret the constitution of the land and the Executive which seeks to ensure the implementation of laws is a clear sign of  conflict and undue distribution of powers in government. The question of how exactly the constitution seeks to put right the implementation of the enshrined instruments is subject to interpretations by the apex court of our land.

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The recent hullabaloo created out of the contemptuous statements by the “Montie Trio” and its subsequent arrest by the supreme  court for bringing the reputation of the court into disrepute and threatening the lives of some judges of the apex court of Ghana, and the untimely remission of the trio sentenced period by the President by triggering the article 72 of the 1992 constitution.

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The supreme court of Ghana per their rulings from the constitution sentenced the “Montie trio” to a three month imprisonment and a fine of ten thausand cedis (10,000) or for additional one month in prison. However, before the first month could expire, the president of the republic of Ghana in consultation with the council of elders per the constitutional instrument mandating the president with a prerogative of mercy, had released the “Montie” three.

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This has created a bone of contention among critics. Several pressure groups emerged advocating for the release of the three whiles others agitated for the law to take its own course of action to serve as deterrent among the future generation.

The court has the mandate to punish by appropriating sentences due culprits and the president with authority from the same constitution has the power to release. When to punish by court and when to be pardoned by the president is now a multi-million question to answer.

 

The president eventually yielding to supporters plea and releasing the Montie three is criticized by many critics as serving a wrong precedent for other successive governments to emulate. This when not addressed can violate and limit the strength and integrity of the court and the court on the other side must equally not undermine the supremacy of the executive and this will help strengthen both institutions for a better Ghana .