PRESIDENT JOHN MAHAMA HAS SUCCEEDED IN ENDORSING LAWLESSNESS, CONSTITUTIONAL ABSURDITY AND ORGANIZED IMPUNITY BY PARDONING THE CONVICTED MUNTIE TRIO (The Legal Argument And More…)

 

IDDI MUHAYU-DEEN’S FOLDER

I have learnt with utter shock and obfuscation, news of a “presidential remission” granted to the three convicted criminals of muntie shame by His Excellency President John Mahama, apparently, as a culmination of the pressure mounted on him by his party folks. I sincerely hope and pray that this news turns out to be inexact and untrue else, it could erode all the democratic gains we have made as a country and a betrayal of the legendary sacrifices of our forebears; many of whom lost their lives in the struggle to ensure constitutional order and rule of law in our country. Indeed, Monday, August 22, which happens to be the day, the said purported pardon was granted, will surely be remembered as arguably, the darkest day in the annals of history relative to our democratization regime. And ultimately, President Mahama would forever be remembered as the president that has sacrificed the supreme interest of the nation by endorsing lawlessness and impunity in order to satisfy his party (NDC) foot-soldiers and apparatchiks. What a dangerous precedence that is!

Before I proceed to deal with the moral bankruptcy of the president’s action, let me quickly deal with some legal issues and point out the unconstitutionality therefrom. I may not be a lawyer as of yet, which is indeed the case, but I am old and savvy enough to know that law and commonsense or morality are inextricably linked and as a matter of fact, that is a basic criterion of a good law. I learnt this in my Social Studies lesson (characteristic of a good law) when I was in JHS and I guess you have learnt same too. Besides, as a fresh graduate, I can also read and appreciate explicit and unambiguous provisions or sentences in our law books which are written in English language even though I didn’t read English or Political Science at the University. The President claims to derive his powers from Article 72, which talks about “Prerogative of Mercy” which can be exercised by the president to, inter alia,  persons who have been convicted by the court or found to have been guilty of an offence and slapped with the necessary reprimand. 

This Article should NOT be misinterpreted or misconstrued to mean that the Constitution has vested in the President, the power to REVIEW the decision of the court by reposing in him, an APPELLATE JURISDICTION. Indeed, Article 125 (3) states clearly that, “The Judicial Power of Ghana shall be vested in the Judiciary of Ghana, accordingly, neither the President nor Parliament nor any organization or agency of the President or Parliament shall have or be given judicial power”. Again, Article 296 of the Constitution categorically states that, “where in this constitution or in any other law discretionary power [in this case Article 72] is vested in any person or authority – (a) that discretionary power shall [my emphasis] be deemed to imply a duty to be fair and candid; (b) the exercise of the discretionary power shall not be arbitrary, capricious or biased [my emphasis] whether by resentment, prejudice or personal dislike and shall be in accordance with due process of law….” 

In fact, the crime of CONTEMPT is so serious …to the extent that the Prisons Act, precisely, Section 34 (d) clearly FORBIDS the grant of pardon to prisoners who were convicted of contempt of court. It is again instructive to make the point that unlike every other case we have experienced in this country, where we have the Republic Versus Mr. A or B, this particular case is a unique one and almost unprecedented, because the court has had to invoke its own inherent jurisdictional power to convict the trio of contempt. In the light of this, anytime attempt by whosoever and for whatever reason, political or otherwise, to water-down or render nugatory, the court’s decision, will be tantamount to undermining the very principle that underpins our judicial system and subjecting the powers of the court to public opprobrium. Simpliciter!  

Now, let’s analyze whether the President has duly followed Article 296 above in the exercise of his discretionary power (ie Article 72) in respect of the muntie 3, who of course, happen to be his party supporters. The narrative is that these guys, Salifu Maase (alias Mugabe), Godwin Ako Gunn and Alistair Nelson were on July 27, sentenced to jail by the nation’s Supreme Court after they themselves admitted that they had committed a criminal offense by scandalizing the court and bringing the administration of justice into disrepute. They were thus CONVICTED BASED ON THEIR OWN PLEAS and nothing more, nothing less. I am not sure they were expecting the judges to clap for them when they openly accepted that they were GUILTY and put no defense. In fact, per the provisions in our constitution, the judges could have jailed them for 36 months (ie 3 years) but decided to show compassion and gave them ONLY 4 months. So the judges were compassionate after all; yet, we are being told by our NDC friends that the sentence (4 out of 36 months) was too harsh and capricious. 

They (our NDC friends) immediately started SPIRITED AGITATIONS calling on the president to free them when they (the convicted trio) had not even started serving their prison terms. Their grounds were that, the sentence was too harsh; the trio had shown remorse in court and apologized for their offense; they’ve learnt their lessons; they’ve reformed among other ridiculous reasons. How can you determine that the guys have reformed when they had not even spent 0.000000001% of their prison terms? Obviously, prisoner reformation has been given a futuristic effect…only in the lexicon of the NDC. A classic case of putting the cat before the horse, which won’t resonate with any reasonable mind. In the nutshell, the lack of candor and finesse with which this whole free muntie campaign was conducted makes me sick and to think that some Ministers of State were actively involved in this dangerous orchestration, worsens my predicaments.  

    

Questions: were the muntie gangs the only Ghanaians that appeared before court and apologized for their wrongdoing during trial? Were they the only Ghanaians that were ever jailed for contempt? In fact, in their case, they were lucky to have been taken through full trial and due process because as we speak, there are thousands of REMAND PRISONERS who are languishing in our prisons against their fundamental rights? They also claim, in their petition to President Mahama that they have families to take of. Are they the only prisoners that have families to take care of? Those lawyers who took the petition to the President have no shame at all. You were hired to defend your clients in court, you couldn’t do that and lost the case miserably, the court sentences them, then you pass through the backdoor to have that decision overturned by the President simply because you all belong to the same party. How funny could this narrative be! Obviously, another dangerous precedence that is being set in our jurisprudence. 

The president says, he grants them the pardon/remission on compassionate ground. Like seriously?  Throughout history, compassion is used to grant pardon to prisoners on grounds of ill-health, ageing, sustained good conduct that is observed over time, or some extraordinary reasons. The president should tell Ghanaians which particular category these muntie trio fall under, to be deserving of compassion. So the president can show compassion to the muntie trio, but can’t show compassion to the thousands of remand prisoners, who have not been tried nor pronounced guilty, but are being kept in our prisons for several years against their fundamental right. The president can show compassion to the muntie 3, who threaten to rape and kill our judges, but he cannot show compassion on the gentleman who threaten to kill him (the president) and was jailed for 10 years. Perhaps, the lives of our judges don’t matter. Again, the president can show compassion on the muntie gangs, but cannot show compassion to the innocent head porter (Kayeye) who was jailed 10 years for carrying someone’s load which contained marijuana. The examples are interminable. I ask, what is so special about these 3 muntie gangsters? 

The only inevitable answer that comes to mind is that they are NDC foot soldiers, who were working for the president. In fact, one of them (Mugabe) is on record to have said on muntie fm that he left his family in the UK to come and work for President Mahama (obviously, to do the president’s dirty work on muntie fm). This claim, has still not been denied by the presidency; the gentleman in question, finds himself at the wrong side of the law, then the president comes in and overturns the court’s verdict in order to free him. How smart could that be! From the foregoing, it would be absolutely nonsensical and unconscionable for anyone to conclude that the president’s decision to free the muntie trio was not arbitrary, unfair, biased, capricious and driven by political consideration rather than the national interest. And this, of course, violates both the letter and spirit of Article 296 of the constitution.    

In conclusion, the president’s action to pardon the infamous muntio trio is most likely going to breed lawlessness and impunity. It also undermines the authority of the court and render their decision, nugatory. By this dangerous precedence, party foot soldiers and apparatchiks would be emboldened to act lawlessnessly and commit all forms of atrocities once their party is in government, knowing very well that they would be freed even if the court sentences them. This is what President John Mahama wants to be remembered for. If almighty Supreme Court judges including the CJ herself, could be threatened with rape and murder by these NDC foot soldiers with impunity, then I can only imagine what can happen to me, the son of an ordinary wakye (rice and beans) seller based in Bolgatanga. You, the reader should also imagine what could happen to you, since we now live in a banana republic or the proverbial jungle. 

Maybe, I should inform you that I was recently threatened by a gentleman who describes himself as a former TEIN President, which is the tertiary student wing of NDC because he claims that I’m being very critical of his government with my usual write-ups (folders). I have no option but to keep that to myself because I know I am vulnerable, emasculate, powerless and cannot find justice anywhere in this country. Sorry, I’ve had to shed tears whilst writing this piece. Our country is sick and bleeding profusely. I therefore call on the youth to rise up and be counted through revolution of the conscience. We surely need a new paradigm and if that means, a REGIME CHANGE, then so be it. We need to restore our moral fibre and get back to the good old days, where Ghana was seen as the beacon of hope and bastion of democracy on the continent. What we need is RULE OF LAW, which is the underpinning of every democratic society and not RULE OF MEN, which breeds lawlessness, ‘foot-soldierism’, impunity and retrogression. Ghana must not die. We can’t afford to fail our generation and the unborn. To this end, I invite you to join me in the #mutashi movement together with a number of celebrities who have launched a strong campaign for the redemption of our country.   

Assalamu alaikum 

This piece was compiled by a concerned Ghanaian democrat in the business of OCCUPYING HEARTS and MINDS for the love of God and country.

IDDI MUHAYU-DEEN

Youth Activist/Social Commentator

Former NUGS Secretary

(0245335197)

Please, it is shareable…..

OPEN LETTER TO JOHN DUMELO (ACTOR CUM POLITICIAN)

 

OPEN LETTER TO JOHN DUMELO (ACTOR CUM POLITICIAN)

IDDI MUHAYU-DEEN’S FOLDER 

Dear John Dumelo,

Let me begin by congratulating you on your new role as the Operations Director of ‘Agenda for Mahama’, a subsidiary of the #iChooseJM campaign. Your task, I understand, is to essentially mobilize the youth of the country, including students to vote massively for your new boss, President Mahama and the NDC in the upcoming general elections. I am particularly happy that you have finally mustered courage and the fortitude to admit that you are actively involved in the NDC campaign, which is an obvious departure from what you initially wanted Ghanaians to believe. At least, we now know that your so called, peace ambassadorial maneuverings in our schools was a sham. You were only using same as a conduit to surreptitiously propagate the NDC campaign message to students, particularly first time voters in the nation’s second cycle institutions. 

I am sure that you are not unaware of the reprimand from Ghana Education Service cautioning you to desist from such ignominious practice which affronts the GES regulations and conventional norms. At least I have heard the PRO of the Ghana Education Service, Rev Jonathan Better on a number of radio stations dissociating the GES from your enterprises and claiming that they were unaware of your called, peace tour in our educational institutions, particularly, the Senior High Schools. He proceeded to describe your move as unfortunate and reminded you that the GES and for that matter our pre-tertiary institutions are NOT political platforms.  Read more of this on the following links:

www.ghanaman.com/topic/john-dumelo-is-breaking-the-law-for-touring-shs-ges-1/   or   www.thestatesmanonline.com/index.php/politics/1810-don-t-campaign-in-our-schools-ges-warns-mahama-s-dumelo

Now, back to your political exploits, I am so fascinated at the way you are gaining fame and recognition in the NDC within this short period. You are really a genius my brother, to the extent that, in order of protocols, you are placed above the national youth organizer of the party. Not even the man who founded the NDC [former president Rawlings] with his sweat and blood is able to match your value and industry in the party today. Ghanaians are still yet to come to terms with last Sunday’s spectacle at the Cape Coast sports stadium during the NDC campaign launch, where the founder of the party was made to speak before you took your turn to address the congress. The verdict however is that, your message was uninspiring and quite disappointing to many. Perhaps there is a thick line between speaking on a huge campaign platform and speaking before the cameras when acting a romantic movie, which you are very good at. 

As for the national youth organizer of the party, he was not even given an opportunity to speak at all. This development, I find, quite intriguing, because the NDC is a party that claims to believe in the youth, yet, won’t allow the leader of its national youth wing to address an all-important gathering, like a national campaign launch but you [John Dumelo], a new entrant. My brother, ‘you be toooo much’. I can only imagine the fate of the ordinary footsoldiers of the party under the circumstances, if their whole commander-in-chief could be treated with such disdain. 

Mr. John Dumelo, now that you have become so powerful in the governing party, there can never be a better time for you to champion the interest and welfare of your colleagues in the Creative Arts Industry/Showbiz. A lot of them are going through a hell of a time to even make earns meat; let alone, to take care of their families. Please do not turn your back on them because they now need you more than ever. At least, I have spoken to a few of them on their expectations and I can tell you without equivocation that they expect so much from you, one of their own. 

Your first test-case is to impress on your new boss, President Mahama to honour his government’s promise of releasing money to support the Creative Arts Industry, a promise, which is still yet to see the light of day. Once again, let me remind you that candidate John Mahama made this promise when he met your colleagues in the Industry at the Golden Tulip Hotel in Kumasi ahead of the 2012 general elections. You can follow this link and refresh your memory in case you have forgotten:

http://www.ghanacelebrities.com/2014/09/19/ministry-finance-budget-creative-arts-industry-2014-budget-ministry-tourisms-budget-allocation-limbo/ . 

My good friend, if you are able to do this for your colleagues, I will not only be the first person to salute you, but will also support every agenda you push and this is inclusive of the #iChooseJM campaign, which you are championing. I wish to conclude by thanking you very much for your indulgence and also express hope that you won’t disappoint your colleagues or should I say, former colleagues in the Creative Arts Industry and by extension, we, your distant admirers.

Thank you.  

Assalamu alaikum 

Your brother in struggle for God and country,

IDDI MUHAYU-DEEN

Student Activist/Social Commentator

Former NUGS Secretary

(0245335197)

Please, it is shareable….

OPEN LETTER TO PAUL AFOKO

OPEN LETTER TO PAUL AFOKO 

From IDDI MUHAYU-DEEN’S FOLDER 

Dear Paul Afoko,

As a democrat and an ardent follower of Ghana’s geopolitics, I have observed, with considerable interest, the unfolding developments in your party (the NPP) regarding your “chairmanship status” and other related issues and wish to communicate my concerns to you. But before that, I wish to, first and foremost, let you know that I was one of your greatest admirers especially in the buildup to the NPP national delegate congress which saw you elected as the party’s national chairman until you decided to meet your waterloo and proceed on the tangent of vindictiveness and self-destruction. Among other reasons, I supported you in that contest because I felt you unduly suffered so much vitriol and character assassination from some of your own party folks, which I found, rather unfair and reprehensible to say the least. 

I also supported you because we both hail from the upper east region, a region that was generally seen as a “no go area” for your party. It was, at the time, rightly or wrongly, widely perceived that no northerner could ever clinch the chairmanship position of the NPP, a supposed “Akan party”. Truly, you made us [northerners] proud by making nonsense of this so called wide perception by becoming the first national chairman of the party from the northern part of the country. However, our happiness and pride was short-lived when you OVERESTIMATED your powers and thought you could rebirth the party by undoing everything in the party, forgetting that the NPP is a conservative party. Your actions were therefore fiercely resisted by not only the leadership of the party, but also the rank and file. 

You however sought to stubbornly call the bluff of everybody in the party in order to proceed with your unwavering pertinacity to achieving all that you wanted until you were LAWFULLY SUSPENDED (as upheld by the court) because no individual could be bigger than the party. And the decision to suspend you, a whole national chairman, for the justified reasons so advanced, meant that, the NPP, whether in government or opposition, would not tolerate gross misconduct, insubordination and impunity. Unfortunately, same is the culture we see today in our governance regime, where even plans are being advanced to free people who have been duly convicted by the nation’s Supreme Court based on their OWN PLEAS. How pathetic! I therefore expect the NPP to be proud of itself under the circumstances. Uncle Paul, the whip that was cracked on you, was highly meritorious, as upheld by the court, so no need for any unwarranted litigation.  

Ordinarily, your suspension ought to be the end of story. All you needed to do was to be remorseful and comport yourself so that you may be forgiven and possibly, reinstated but you consciously refused. Instead, you proceeded to court to CHALLENGE your suspension. Whilst at it, you also launched a SPIRITED CAMPAIGN to destroy the NPP and its flag bearer with all manner of vexatious and unsubstantiated allegations as well as blatant lies and verbal abrasives. You were, as expected, aided by some of the “rented media houses” that have always been anti-NPP in order to perpetuate this mischief against the very party you claim to love so much. How paradoxical! In fact, your relevance in Ghana’s politics, has today, been reduced to an embodiment of NPP destruction; such that, anytime any of the pro-government or NDC newspapers needed a negative story about the NPP to publish, they only had to call on you in order to get all that they need. You have become an authority and so popular in the NDC because you give them missiles to attack your own party. How shameful!   

Now that the court has thrown out your frivolous suit and reaffirmed your party’s position, the least I expect from you, is to swallow your pride, vanity and narcissistic tendencies and thus, adopt a reconciliatory disposition with the party. That is the surest way you can remain relevant in Ghana’s politics and not seen as a curse to your own, except if you are indeed doing the bidding of the governing NDC as alleged. Fortunately, your party has served notice, in a statement signed by the acting general secretary, communicating their decision to reconcile with you for the love of God and country. You don’t need a rocket science to know that any decision to APPEAL the case, would amount to an exercise in terminal futility and self-destruction. If you have no use of your resources, kindly invest same in charity. 

Uncle Paul, respectfully, you have already done so much disservice to your party, trying desperately to deny the millions of Ghanaians who are yearning for a REGIME CHANGE in order to have a comfortable life, that opportunity. You have unequivocally made your case but in the final analysis, the voice of the people and that of Allah has triumphed over yours. Please come to terms with this reality. You can’t always have your way. So, let bygones be bygones and move on. You recall that your excesses led to the gruesome murder of my uncle, a political colossus and an award winning philanthropist, Chairman Adams (May Allah grant him Jannah) allegedly, by your own blood brother. You have since not been able to step foot in the upper east region for any political activity. A lot of people in the party including some national, regional and constituency executives as well as ordinary party folks mounted incessant pressure on you to do the honourable thing but you were characteristically defiant. If you were really that principled, you didn’t need anybody to tell you to resign.

Respectfully, I want you to make me proud as a northerner as well as many of my likes who may be interested in politics someday. You have already had your turn and did what you could do with it. Please do not make politics UNATTRACTIVE for us and please do not spoil our [northern youth] chances of winning political positions in the foreseeable future because of where we come from. I’m not sure POSTERITY would ever forgive you if you did that. A word to the wise….. 

Assalamu alaikum

Your northern brother in the struggle for God and country,

IDDI MUHAYU-DEEN

Youth Activist/Social Commentator

Former NUGS Secretary

(0245335197) 

Please, it is shareable….