No matter how hard I try to convince myself that it won't happen, reading through the agreed issues to be determined in the case against the remission of sentence granted the Montie 3 only deepens my fear and expands my doubts.
Over the past months, I have had to answer the question as to whether the three can be returned to jail; my answer has always been a definite "No."
That "No" is perhaps now, a "Maybe" because the Supreme Court can of cause grant what it deems proper and in consonance with the law.
The difficulty is that the Montie 3 are but observers of a constitutional battle which may restrict the meaning of conviction to exclude those jailed for contempt.
Three different persons, one of whom is Executive Secretary to the President Nana Asante Bediatuo are of the opinion that former President Mahama exceeded his mandate when as a serving Ghanaian leader he granted a remission of sentence to the Montie 3.
The Montie 3 had been convicted and sentenced to three months in prison for Contempt of Court for comments made against a panel of the highest court of our land.
This decision by a Supreme Court panel presided over by the current Chief Justice Sophia Akufo in 2016 led to protests and calls for remission.
One of the very first calls came from outspoken US based Ghanaian law professor Kwaku Asare popularly called Kwaku Azar, a known opponent of Ghana's contempt of court laws.
After weeks of protests during which listeners to the famous "Pampaso" program and very high profile political personalities picketed the premises of Network broadcasting.
Their demand, simple; exercise your powers of pardon and free the Montie 3.
These protesters felt the Supreme had with its decision lifted and hurled the proverbial sledgehammer at remorseful flies.
Angry as they were, they soon realized that picketing great as it was not enough to trigger the President's power to pardon.
So signatures, some heavier than the pen were collected to submit the petition that assembles "old heads" to advice a grey hair to mercy.
Having been advised, the Ghanaian leader John Mahama at the time granted not pardon but a remission that cut short the undesirable dungeon holiday.
Welcomed as remorseful heroes who would learn not to step on the feet that drew the dizzy slap, the three men soon learnt their minds never left the cells of Nsawam
Their new torment is an assemblage of learned men they can only observe as three lawyers Elikplim Lorlormavor Agbemava, Alfred Tua Yeboah and Nana Asante Bediatuo argue against the remission of sentence.
Their case; simple i.e. former President abuse his powers of pardon and remission because it does not cover Contempt of Court.
For all involved especially the three, the wait involved has been eternal as apostles of the new leader took their time to take a stance; afterall It, one of their own is against what they are now forced to defend.
One thing remained constant, the contemnors never really left Nsawam; in fact they clearly feel they are on borrowed time.
A few weeks ago, one of them received a call that was clearly misinformed informing him that a bench warrant has been issued for their arrest; a painful reminder that he still serves a sentence long remitted.
So, the Montie 3 (by the way I forgot Montie FM has been buried in a Tsunami) would keep watch to find out from the gatemen what the Lords would decide.
Having said that, allow me to share with you the agreed issues to be determined by the Supreme Court in this Constitutional matter that directly attacks the Montie 3
Whether or not the exercise of discretionary power of the President in favour of the contemnors was arbitrary and capricious.
Whether or not the grant of remission of the sentence of the contemnors by the President constitute an unjustified interference with the judiciary and an affront to constitution.
Whether or not the grant of remission of sentence by the President to the contemnors constitute an abuse of the President's discretion.
I remain a gatekeeper who learns but yearns for an end to this long watch and hope to provide the worried the response they seek.
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