Sympathizers and supporters of the nine persons being prosecuted for the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II, yesterday besieged the premises of the Fast Track High Courts in Accra to protest against the trial.
The more than 300 peaceful demonstrators believed to be Abudus, had by 9:30 am gathered in front of the three-storey building housing the Accra Human Rights High Court where the nine appeared to move their bail application.
The nine, Iddrisu Iddi, 76; Alhaji Baba Abdulal, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42 and Alhassan Braima, are alleged to have murdered Ya-Na in 2002 in his Palace.
They were arrested on April 10, and arraigned before an Accra Magistrate Court on three counts of conspiracy to murder, murder and unlawful military training on April 12. Their plea was not taken, and have been remanded to appear again on May 5.
Their counsel have since challenged the justifiability of their remand and thus filed a bail application at the Human Rights Court which fixed yesterday for hearing of the application for bail pending investigations.
The court presided over by Justice U.P Dery, has fixed May 18, to rule on whether to grant the applicants bail.
But when the court resumed yesterday, a number of the supporters and sympathizers including some relatives of the nine over-filled the 24-seater courtroom, while those brandishing placards with various inscriptions, filled the court premises.
Some of the inscriptions read: “ Ya-Na killed himself,” “No justice, No peace in Dagbon,” “President Mills, your actions are selective,” “We, the Abudus are indigenous family in Dagbon,” “President Mills, please free M’baa Budu and co. for peace to prevail in Yendi” and “J.J. Rawlings please it’s time to provide your evidence”.
A number of heavily armed police personnel with guns also took vantage positions at the court premises to maintain law and order as well as ensure the safety of the nine persons.
After court proceedings, the supporters peacefully cheered on the nine persons as they were marched by armed police personnel to board a waiting truck behind the court building.
Others, mostly women were seen shedding tears as they waved at the accused persons while rained insult at the NDC government and vowed to vote it out of power in the 2012 elections.
Moving the application for bail, lead counsel for the nine persons, Atta Akyea said the remand of his clients was unjustifiable, in view of his contention that no formal charges have been preferred against them, describing the situation as “fanciful”.
He argued that without committal, no one can assert a proper charge of murder against his clients, indicating that “the only time that it becomes a murder case is when they have been committed to stand trial”
However, he told the court presided over by Justice U.P. Dery that the prosecution has not been able to provide bill of indictment and summary of evidence to warrant the remand that was granted by the Magistrate Court.
Mr.Akyea said that the magistrate was misled by the prosecution to believe that the case was a murder one, which he said disarmed the magistrate to refuse bail for his client, saying “the magistrate misunderstood her jurisdiction”.
Further, he said that although brief facts are suppose to explain why a particular charge has been preferred against someone, he noted that in their case, the facts presented by the prosecution at the Magistrate Court was on the contrary.
“The facts traced the history of the fight between the Abudus and the Andanis….nowhere (in the facts) was it said the arrest (of the nine) was as a result of the murder of Ya-Na” he pointed out.
He said the magistrate should have taken Article 14 into consideration to establish whether the prosecution demonstrated reasonable and cogent grounds that his clients were indeed linked to Ya-Na’s murder.
Again, he said the prosecution was wrong for arraigning Sugri who he said was acquitted and discharged by a competent court in the same Ya-Na’s murder case.
According to Mr.Akyea, per Article of 19 (7) Sugri should not have been arraigned at all, describing the situation as “double jeopardy”.
Mr.Akyea said, the argument made by the prosecution at the lower court to the effect that the release of his clients could interfere with investigations was serious, noting that would go to suggest that the whole of Ghana’s security is impotent.
She said that even, the prosecution failed to emonstrate with reasonable grounds how his nine clients could interfere with a whole National Security investigation.
“No shred of evidence was put before the Magistrate Court that the applicants have the capacity to interfere with National Security…It is as if the whole of National Security cannot control these individuals,” he added.
He described the situation where suspects were arrested and remanded before investigations were conducted as “justice upside down”
Opposing the bail application, Chief State Attorney, Anthony Rexford Owiredu insisted the applicants were properly charged, noting that their charge caution statement was taken in the presence of an independent witness.
However, he conceded that bill of indictment and summary of evidence had not been prepared as required in murder cases. According to him, the bill of indictment and summary of evidence were being prepared.
According to him, from his 22-year legal experience, the has been one of the fastest case the Attorney General’s Department is doing.
He explained that the reason why the prosecution did not take the plea of the applicants when they were arraigned at the lower court was because the law that creates the charge of murder stipulates that such case be tried by a High Court by an indictment.
He said the arraigned them at the lower court just to seek their remand while the bill of indictment and summary of evidence was being prepared to properly put them before a High Court.
“My lord, they cannot be committed within 48 hours….we need time to write and prepare the bill of indictment and summary of evidence” he argued.
Mr.Owiredu also said in view of the fact that the case is a murder on and by virtue of Section 96 (7) of the Criminal Procedure Act, bail cannot be given to the applicants, saying “it’s proper the lower court did not grant them bail”.
He indicated that the re-arrest and prosecution of Sugri and the others are based on the recommendations of the WUAKO Commission recommendation, noting that even Sugri has in the current case been charged with only unlawful military training.
The State Attorney said that a lot more people recommended by the Commission for prosecution are at large and thus would not be healthy to release the applicants since they could interfere with investigations
He also debunked the defence claim that the applicants are being used as guinea pigs, saying “there is substantial evidence against them and we will prove that at he the High Court”
He said everything possible is being done to put them before a High Court before the end of May.
The more than 300 peaceful demonstrators believed to be Abudus, had by 9:30 am gathered in front of the three-storey building housing the Accra Human Rights High Court where the nine appeared to move their bail application.
The nine, Iddrisu Iddi, 76; Alhaji Baba Abdulal, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42 and Alhassan Braima, are alleged to have murdered Ya-Na in 2002 in his Palace.
They were arrested on April 10, and arraigned before an Accra Magistrate Court on three counts of conspiracy to murder, murder and unlawful military training on April 12. Their plea was not taken, and have been remanded to appear again on May 5.
Their counsel have since challenged the justifiability of their remand and thus filed a bail application at the Human Rights Court which fixed yesterday for hearing of the application for bail pending investigations.
The court presided over by Justice U.P Dery, has fixed May 18, to rule on whether to grant the applicants bail.
But when the court resumed yesterday, a number of the supporters and sympathizers including some relatives of the nine over-filled the 24-seater courtroom, while those brandishing placards with various inscriptions, filled the court premises.
Some of the inscriptions read: “ Ya-Na killed himself,” “No justice, No peace in Dagbon,” “President Mills, your actions are selective,” “We, the Abudus are indigenous family in Dagbon,” “President Mills, please free M’baa Budu and co. for peace to prevail in Yendi” and “J.J. Rawlings please it’s time to provide your evidence”.
A number of heavily armed police personnel with guns also took vantage positions at the court premises to maintain law and order as well as ensure the safety of the nine persons.
After court proceedings, the supporters peacefully cheered on the nine persons as they were marched by armed police personnel to board a waiting truck behind the court building.
Others, mostly women were seen shedding tears as they waved at the accused persons while rained insult at the NDC government and vowed to vote it out of power in the 2012 elections.
Moving the application for bail, lead counsel for the nine persons, Atta Akyea said the remand of his clients was unjustifiable, in view of his contention that no formal charges have been preferred against them, describing the situation as “fanciful”.
He argued that without committal, no one can assert a proper charge of murder against his clients, indicating that “the only time that it becomes a murder case is when they have been committed to stand trial”
However, he told the court presided over by Justice U.P. Dery that the prosecution has not been able to provide bill of indictment and summary of evidence to warrant the remand that was granted by the Magistrate Court.
Mr.Akyea said that the magistrate was misled by the prosecution to believe that the case was a murder one, which he said disarmed the magistrate to refuse bail for his client, saying “the magistrate misunderstood her jurisdiction”.
Further, he said that although brief facts are suppose to explain why a particular charge has been preferred against someone, he noted that in their case, the facts presented by the prosecution at the Magistrate Court was on the contrary.
“The facts traced the history of the fight between the Abudus and the Andanis….nowhere (in the facts) was it said the arrest (of the nine) was as a result of the murder of Ya-Na” he pointed out.
He said the magistrate should have taken Article 14 into consideration to establish whether the prosecution demonstrated reasonable and cogent grounds that his clients were indeed linked to Ya-Na’s murder.
Again, he said the prosecution was wrong for arraigning Sugri who he said was acquitted and discharged by a competent court in the same Ya-Na’s murder case.
According to Mr.Akyea, per Article of 19 (7) Sugri should not have been arraigned at all, describing the situation as “double jeopardy”.
Mr.Akyea said, the argument made by the prosecution at the lower court to the effect that the release of his clients could interfere with investigations was serious, noting that would go to suggest that the whole of Ghana’s security is impotent.
She said that even, the prosecution failed to emonstrate with reasonable grounds how his nine clients could interfere with a whole National Security investigation.
“No shred of evidence was put before the Magistrate Court that the applicants have the capacity to interfere with National Security…It is as if the whole of National Security cannot control these individuals,” he added.
He described the situation where suspects were arrested and remanded before investigations were conducted as “justice upside down”
Opposing the bail application, Chief State Attorney, Anthony Rexford Owiredu insisted the applicants were properly charged, noting that their charge caution statement was taken in the presence of an independent witness.
However, he conceded that bill of indictment and summary of evidence had not been prepared as required in murder cases. According to him, the bill of indictment and summary of evidence were being prepared.
According to him, from his 22-year legal experience, the has been one of the fastest case the Attorney General’s Department is doing.
He explained that the reason why the prosecution did not take the plea of the applicants when they were arraigned at the lower court was because the law that creates the charge of murder stipulates that such case be tried by a High Court by an indictment.
He said the arraigned them at the lower court just to seek their remand while the bill of indictment and summary of evidence was being prepared to properly put them before a High Court.
“My lord, they cannot be committed within 48 hours….we need time to write and prepare the bill of indictment and summary of evidence” he argued.
Mr.Owiredu also said in view of the fact that the case is a murder on and by virtue of Section 96 (7) of the Criminal Procedure Act, bail cannot be given to the applicants, saying “it’s proper the lower court did not grant them bail”.
He indicated that the re-arrest and prosecution of Sugri and the others are based on the recommendations of the WUAKO Commission recommendation, noting that even Sugri has in the current case been charged with only unlawful military training.
The State Attorney said that a lot more people recommended by the Commission for prosecution are at large and thus would not be healthy to release the applicants since they could interfere with investigations
He also debunked the defence claim that the applicants are being used as guinea pigs, saying “there is substantial evidence against them and we will prove that at he the High Court”
He said everything possible is being done to put them before a High Court before the end of May.
